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TOLEDO v. SANCHEZ

No. 05-1376.

454 F.3d 24 (2006)

Iván TOLEDO, Plaintiff-Appellee, United States, Intervenor, v. Jorge L. SÁNCHEZ, Deputy President; George V. Hillyer, Chancellor; John Hertz, Dean; Pedro Padilla, Counselor; Sonia Bazán, Design Professor; Nathaniel Fuster, Design Professor/Design Committee Director; University of Puerto Rico, Defendants-Appellants. University of Puerto Rico, Río Piedras Campus; University of Puerto Rico, Río Piedras Campus-Resource Office for the Disabled; Ludim Díaz; University of Puerto Rico, Río Piedras Campus, Legal Advisor's Office; Luis M. Vázquez, Director; María Lugo, Legal Advisor; University of Puerto Rico, Río Piedras Campus-School of Architecture; Manuel García; Lizette Colón, Student Affairs Administrator, Defendants.

United States Court of Appeals, First Circuit.

Decided July 6, 2006.

Attorney(s) appearing for the Case

Julio Nigaglioni Arrache, for Appellants.

Víctor P. Miranda-Corrada, for Appellee.

Sarah E. Harrington, Department of Justice, Civil Rights Division, with whom Bradley J. Schlozman and Jessica Dunsay Silver were on brief, for the United States as Intervenor.

Jennifer Mathis, Bazelon Center for Mental Health Law, with whom Debra Gardner, Roscoe Jones, Jr., and Suzanne Sangree, Public Justice Center, were on brief, for AARP, Bazelon Center, Public Justice Center, and 23 other organizations representing people with disabilities, as Amici Curiae in support of appellee.

Before TORRUELLA, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge and HOWARD, Circuit Judge.

JOHN R. GIBSON, Circuit Judge.

This appeal raises the question of whether the Eleventh Amendment prevents a disabled student from suing a state university for damages under Title II of the Americans with Disabilities Act of 1990(ADA), 42 U.S.C. §§ 12131-12165. Iván Toledo, a student at the University of Puerto Rico who has schizoaffective disorder, brought an action under Title II of the ADA alleging that the University and various University officials...

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