Monetary Damages Can Be Recovered from a State Under the ADA When Disability Discrimination Also Violates the Constitution

United States v. Georgia, 126 S. Ct. 877 (2006)

Title II of the Americans with Disabilities Act of 1990 (ADA) places limits on the ability of public entities, including states, to exclude or deny benefits to an individual with a mental or physical disability.  Although Title II authorizes private citizens to file lawsuits seeking to recover monetary damages from public entities that violate the ADA, the Eleventh Amendment of the federal Constitution recognizes the sovereign immunity of the states and generally provides them with immunity from such suits...

Found in DMHL Volume 25 Issue 2