Fifth Circuit Appoints Levinger to Tackle Constitutional Questions Involving Sovereign Immunity in ADA Prison Case.

May 26, 2011 in Case Summaries

After Mississippi state prison John Hale filed his pro se brief arguing that he was discriminated against in prison based on a disability, the Fifth Circuit appointed Jeff Levinger to prepare a supplemental brief addressing “whether Title II of the Americans With Disabilities Act validly abrogates Eleventh Amendment immunity for claims that violate Title II but are not actual violations of the Fourteenth Amendment.”  Levinger briefed and orally argued the issue, asserting that Title II did validly abrogate sovereign immunity.  The Fifth Circuit initially disagreed, but at the urging of the U.S. Department of Justice, the Court withdrew its opinion and issued a new opinion remanding the case to the district court for further development of whether Hale had stated a claim under the ADA.  Hale v. King, 642 F.3d 492 (5th Cir. 2011).

Courts:  Federal Courts of Appeals
Subject Matter:  Labor & Employment