MISSOURI PROTECTION AND ADVOCACY v. CARNAHAN

No. 06-3014.

499 F.3d 803 (2007)

MISSOURI PROTECTION AND ADVOCACY SERVICES, INC., et al., Plaintiffs-Appellants, v. Robin CARNAHAN, in her official capacity as Secretary of State of the State of Missouri; Jeremiah Nixon, in his official capacity as Attorney General of the State of Missouri, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 23, 2007.

Rehearing and Rehearing En Banc Denied October 18, 2007.


Attorney(s) appearing for the Case

Samuel R. Bagenstos, argued, St. Louis, MO (James M. Kirkland, Kansas City, MO; Anthony E. Rothert, St. Louis, MO; Neil Bradley, Atlanta, GA; James G. Felakos, New York, NY; Barrett J. Vahle, Kansas City, MO; Ira Burnim, Jennifer Mathis and Alison N. Barkoff, Washington, DC; and Michael H. Finkelstein and David Hale, Jefferson City, MO, on the brief), for appellant.

Michael Eugene Cook Pritchett, argued, Assistant Attorney General, Jefferson City, MO.

Before LOKEN, Chief Judge, O'CONNOR, Associate Justice (Ret.), and GRUENDER, Circuit Judge.


LOKEN, Chief Judge.

This is a lawsuit by three Missouri residents and a non-profit advocacy organization, Missouri Protection and Advocacy Services, Inc. (MOPAS), who allege that Missouri law violates the Equal Protection Clause; Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12131-12165; and section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 by disqualifying persons under court-ordered guardianship from voting. Plaintiffs...

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