Hale v. King, No. 07-60997 - - U.S. Fifth Circuit
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Hale v. King, No. 07-60997

ADA Action by Disabled Inmates

In Hale v. King, No. 07-60997, an action under the Americans with Disabilities Act (ADA) by disabled inmates who were denied access to prison educational and work programs, the court affirmed the dismissal of the action where the ADA did not validly abrogate state sovereign immunity with respect to such claims.

As the court wrote:  "The district court held that the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131-12165, does not validly abrogate state sovereign immunity with respect to the claims of disabled inmates who were denied access to prison educational and work programs. Hale v. Mississippi, No. 2:06-CV-245, 2007 WL 3357562 (S.D. Miss. Nov. 9, 2007). Because Congress's authorization of those claims is not "congruent and proportional" to the enforcement of the Equal Protection Clause, we affirm."

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