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UNITED STATES v. MISSISSIPPI

No. 21-60772.

82 F.4th 387 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. The State of MISSISSIPPI, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED September 20, 2023.

Attorney(s) appearing for the Case

Anna Marks Baldwin (argued), Bonnie Ilene Robin-Vergeer , Senior Attorney, U.S. Department of Justice, Civil Rights Division, Appellate Section, Washington, DC, for Plaintiff-Appellee.

James William Shelson , Nash Gilmore , Phelps Dunbar, L.L.P., Jackson, MS, Scott Stewart (argued), Justin Lee Matheny, Esq. , Mississippi Attorney General's Office, Jackson, MS, Douglas T. Miracle , Assistant Attorney General, Office of the Attorney General, for the State of Mississippi, Jackson, MS, for Defendant-Appellant.

Richard Salgado , Marina Stefanova , McDermott Will & Emery, L.L.P., Dallas, TX, for Amici Curiae American Association of People with Disabilities, The Arc, Mental Health America, National Council on Independent Living.

Maame Gyamfi , AARP Foundation Litigation, Washington, DC, for Amici Curiae American Association of Retired Persons, American Association of Retired Persons Foundation.

Before Jones, Southwick, and Ho, Circuit Judges.

Title II of the Americans with Disability Act ("ADA") prohibits "discrimination" against "qualified individual[s] with a disability." 42 U.S.C. § 12132. The Act authorizes "any person alleging discrimination" to sue. 42 U.S.C. § 12133 (emphasis added). The United States filed suit against the state...

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