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JOHNSON v. LOUISIANA DEPT. OF EDUC.

Nos. 02-30318, 02-30369.

330 F.3d 362 (2003)

Theodore JOHNSON, Plaintiff-Appellee, v. LOUISIANA DEPARTMENT OF EDUCATION; et al., Defendants, Louisiana Department of Education; State of Louisiana; President of Louisiana State University System; Board of Regents, Defendants-Appellants. Lynn August, Plaintiff-Appellee, v. Suzanne Mitchell; Mae Nelson; Ed Barras; Department of Social Services, for the State of Louisiana, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 5, 2003.

Attorney(s) appearing for the Case

Theodore Johnson, Bogalusa, LA, pro se.

Kevin K. Russell (argued), Jessica Dunsay Silver, U.S. Dept. of Justice, Civil Rights Div., Washington, DC, for United States of America, Intervenor.

Richard A. Curry, Michael Brent Hicks (argued), McGlinchey Stafford, Baton Rouge, LA, Rebecca L. Clausen, New Orleans, LA, for Defendants-Appellants.

Sanford A. Kutner, Metairie, LA, for Lynn August.

Micheal Leslie Penn, New Orleans, LA, for Suzanne Mitchell, Mae Nelson, Ed Barras and Dept. of Social Services for the State of Louisiana.

Before JONES, WIENER, and DeMOSS, Circuit Judges.

EDITH H. JONES, Circuit Judge:

BACKGROUND

This court consolidated the cases of Theodore Johnson and Lynn August due to the common issue whether Eleventh Amendment sovereign immunity bars claims for money damages against entities of the state of Louisiana, which arose during a particular time period, brought under § 504 of the Rehabilitation Act. The district courts refused to dismiss the claims. Based on the recent decision of this court in Pace...

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