42 U.S.C. § 12202 — State immunity
submitted 36 years ago by Pub. L. 101-336 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 91 words · no verdicts yet
States can't use Eleventh Amendment immunity to avoid ADA lawsuits. This applies in both federal and state court. People suing a state get the same remedies they'd get suing anyone else.
This section has no lettered subsections. It has two connected rules about lawsuits against states.
First, a state* can't claim Eleventh Amendment immunity to block a lawsuit for violating this chapter. That's true whether the case is in federal court or state court. Second, if someone sues a state for violating this chapter, they can get the same remedies -- both legal and equitable -- that they could get suing any other public or private entity. States don't get weaker penalties or fewer remedies just because they're states.
A State* shall not be immune under the eleventh amendment to the Constitution of the United States from an action in 1 Federal or State court of competent jurisdiction for a violation of this chapter. In any action against a State for a violation of the requirements of this chapter, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State.
Source credit: (Pub. L. 101–336, title V, § 502, July 26, 1990, 104 Stat. 370.)
- 1990Enacted · Pub. L. 101-336 · 104 Stat. 370
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-336 on 1990-07-26.
all 0 arguments · sorted by: best
no arguments yet — make the first case