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VIRGINIA v. REINHARD

No. 08-1845.

568 F.3d 110 (2009)

Commonwealth of VIRGINIA, Virginia Office for Protection and Advocacy, Plaintiff-Appellee, v. James REINHARD, in his official capacity as Commissioner, Department of Mental Health, Mental Retardation and Substance Abuse Services of the Commonwealth of Virginia; Denise D. Micheletti, in her official capacity as Director, Central Virginia Training Center; Charles M. Davis, in his official capacity as Director, Central State Hospital, Defendants-Appellants. Alabama Disabilities Advocacy Program; Kentucky Protection and Advocacy; Maryland Disability Law Center; National Disability Rights Network; Office of Protection and Advocacy for Persons with Disabilities (Connecticut), Amici Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 2, 2009.

Attorney(s) appearing for the Case

ARGUED: William Eugene Thro, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellants. Paul James Buckley, Virginia Office for Protection and Advocacy, Richmond, Virginia, for Appellee. ON BRIEF: Robert F. McDonnell, Attorney General of Virginia, Stephen R. McCullough, State Solicitor General, William C. Mims, Chief Deputy Attorney General, Jane D. Hickey, Senior Assistant Attorney General, Allyson K. Tysinger, Senior Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellants. Patrick D. Conner, Washington, D.C.; Rachelle M. Barstow, Julia N. Miller, Taylor A. Spearnak, New York, New York, for Amici Supporting Appellee.

Reversed and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Senior Judge SILER and Judge CONRAD joined.

OPINION

WILKINSON, Circuit Judge:

A state agency known as the Virginia Office for Protection and Advocacy, or "VOPA," brought this action in federal court against three Virginia officials in their official capacities. VOPA claims that the defendant state officials are violating federal law and seeks declaratory and injunctive relief. We hold that sovereign immunity bars VOPA's suit. While Congress could seek to provide a federal forum for this action through...

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