Clark v. California

The State of California appeals the denial of its motion to dismiss on the ground that the Eleventh Amendment bars this action against the state. Plaintiffs sued under Title II of the Americans with Disabilities Act, 42 U.S.C. §§ 12131-34 (“ADA”), and section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (“section 504” or “Rehabilitation Act”). We agree with the district court that both acts are valid exercises of Congress’s power under Section 5 of the Fourteenth Amendment, and we affirm.

JURISDICTION

This court has jurisdiction to hear an interlocutory appeal from an order denying a state’s motion to dismiss on the ground of immunity under the Eleventh Amendment. Puerto Rico Aqueduct & Sewer Auth. v. Metcalf & Eddy, Inc., 506 U.S. 139 , 113 S.Ct. 684 , 121 L.Ed.2d 605 (1993).

FACTS

Plaintiffs allege that they are a class of all individuals who have developmental disabilities, that they are incarcerated in correctional facilities operated by the State of California, and that they have suffered discrimination because of their disabilities. Plaintiffs seek injunctive relief under the ADA, the Rehabilitation Act, and 42 U.S.C. § 1983 against the State of California and…