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HURST v. TEXAS DEPT. OF ASSISTIVE & REHAB. SERVS.

No. 05-51656.

482 F.3d 809 (2007)

Louise Elizabeth HURST, Plaintiff-Appellant, v. TEXAS DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES, also known as DARS; Terry Murphy, Commissioner of DARS, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 26, 2007.

Attorney(s) appearing for the Case

Michael Earl Urene (argued), Texas RioGrande Legal Aid, Eagle Pass, TX, Alpha Hernandez, Texas RioGrande Legal Aid, Del Rio, TX, Susan F. Zinn, San Antonio, TX, for Hurst.

Joe Henry Thrash (argued), Austin, TX, for Defendants-Appellees.

Before DAVIS and STEWART, Circuit Judges, and CRONE, District Judge.

W. EUGENE DAVIS, Circuit Judge:

This case presents the question of whether the State of Texas waived its Eleventh Amendment immunity to suit in federal court by accepting federal funding to support its Vocational Rehabilitation Program under Title I of the Rehabilitation Act, 29 U.S.C. § 701-796. The district court agreed with the State of Texas that 29 U.S.C. § 722(c)(5)(J)(i) did not represent a clear-statement of congressional intent to condition the...

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