11th amendment does not protect State from ADA claim--8th circuit.(Case Law)(Americans with Disabilities Act l)
Report on Disability Law, July, 2005
Bill M. v. Neb. Dept. Health & Human Services
8th U.S. Circuit Court of Appeals
No. 04-3263, May 27, 2005
An appeals court has reversed and remanded an Americans with Disabilities Act lawsuit with instructions to dismiss a Title II (public services) claim against the state of Nebraska. The case was on appeal from the U.S. District Court for Nebraska, which denied the state's motion to dismiss.
The suit was brought by seven developmentally disabled adults who charged they were denied Medicaid home and community-based care services, which put them "at imminent risk of unnecessary institutionalization." They alleged the state's failure to provide these services violated the ADA, Section 504 of the Rehabilitation Act, and other...
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