Wednesday, June 11, 2003

Judge Turk of W.D. Va. holds that prisoner's ADA remedy is constitutionally barred

In Bane v. Va. Dept. of Corrections, Judge Turk dismissed plaintiff's claims under Title II of the Americans with Disabilities Act against the Commonwealth's Department of Corrections, concluding that the Eleventh Amendment barred the relief sought and the remedy created by the Title II of the ADA was beyond the powers of Congress under section 5 of the Fourteenth Amendment.

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