In a disability discrimination action under the Rehabilitation Act (the Act), summary judgment for defendants is affirmed where Oregon's Office of Public Defense Services was not a "program or activity receiving Federal financial assistance" within the meaning of section 504 of the Act during the period of alleged discrimination and thus the state did not waive its sovereign immunity with respect to that agency.
Argued and Submitted June 3, 2009
Filed September 21, 2009
Opinion by Judge Fisher
Stephen L. Brischetto, Portland, OR
Leigh A. Salmon, Assistant Attorney General, Salem, OR