BARBOUR v. WASHINGTON METROPOLITAN TRANSIT AUTH.

No. 03-7044.

374 F.3d 1161 (2004)

Adam BARBOUR, Appellee, v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Appellant. United States of America, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 9, 2004.

Rehearing Denied September 1, 2004.


Attorney(s) appearing for the Case

Bruce P. Heppen argued the cause for appellant. With him on the briefs were Cheryl C. Burke, Robert J. Kniaz, and Jay R. Goldman.

Dorene M. Haney argued the cause and filed the brief for appellee.

Sarah E. Harrington, Attorney, U.S. Department of Justice, argued the cause for intervenor. With her on the brief were R. Alexander Acosta, Assistant Attorney General, and Jessica Dunsay Silver, Attorney.

Douglas B. Huron and Richard A. Salzman were on the brief for amicus curiae Metropolitan Washington Employment Lawyers Association in support of appellee.

Before: SENTELLE, GARLAND, and ROBERTS, Circuit Judges.


Rehearing En Banc Denied September 1, 2004.

Opinion for the Court filed by Circuit Judge GARLAND.

Dissenting opinion filed by Circuit Judge SENTELLE.

GARLAND, Circuit Judge:

The Washington Metropolitan Area Transit Authority (WMATA) contends that sovereign immunity protects it from being sued in federal court under § 504 of the Rehabilitation Act, 29 U.S.C. § 794, for discriminating on the basis of disability. It insists that it did...

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