DOJ Briefs in ADA Title II Sovereign Immunity Cases

The U.S. Department of Justice has intervened in a series of cases defending the constitutionality of ADA Title II suits against states for monetary damages. See "Enforcing the ADA: A Status Report from the Department of Justice, April-June 2001",

The Department's briefs emphasized that the Supreme Court specifically limited its ruling in Garrett to suits under title I and that the evidence of unconstitutional discrimination by States assembled by Congress to justify title II was far more extensive. Congress specifically made findings in the text of the ADA that State-sponsored discrimination persisted in areas such as education, voting, institutionalization, and public services. Because of this evidence, the Department argued that it was appropriate for Congress to enact title II to root out present instances of unconstitutional discrimination, to undo the effects of past discrimination, and to prevent future unconstitutional treatment by prohibiting discrimination and promoting integration where reasonable.

 

The Department intervened in the following cases: (website address given links to briefs filed in the case by the Department):

Garcia v. SUNY Health Sciences Center of Brooklyn

(2d Cir.)
http://www.usdoj.gov/crt/briefs/garcia.pdf

McAleese v. Pennsylvania Department of Corrections (3d Cir.)
http://www.usdoj.gov/crt/briefs/mcaleese.pdf

Root v. Georgia State Board of Veterinary Medicine (11th Cir.)
http://www.usdoj.gov/crt/briefs/root.pdf

Popovich v. Cuyahoga County Court of Common Pleas (6th Cir./Ohio)
http://www.usdoj.gov/crt/briefs/popovich.pdf

The DOJ has filed supplemental briefs on this issue in:

Thompson v. Colorado (10th Cir.)
http://www.usdoj.gov/crt/briefs/thompsonsup.pdf

Hallen v. Union Beach Board of Education (D.New Jersey)

Jeffreys v. State of New Jersey (D.New Jersey)