Full text
Patricia A. PUGLIESE, United States, Intervenor v. Jack DILLENBERG, in his individual capacity and official capacity as Director of the Arizona Department of Health Services, husband Wayne Leblance, in his official capacity as Assistant Chief of the Arizona Department of Health Services Office of Human Rights, husband Arizona, State of
Opinions in this case
- Opinion
- Majority
- Concurrence — Kleinfeld
PER CURIAM Opinion; Concurrence by Judge KLEINFELD.
OPINION
PER CURIAM.
The State of Arizona validly waived its sovereign immunity under the Eleventh
[938] Amendment to claims brought pursuant to § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, et seq., when it accepted federal Rehabilitation Act funds. See Miranda B. v. Kitzhaber, 328 F.3d 1181, 1185-86 (9th Cir.2003); Lovell v. Chandler, 303 F.3d 1039, 1050-51 (9th Cir.2002); Douglas v. Cal. Dept. of Youth Auth., 271 F.3d 812, 819-21 (9th Cir.2001), rehearing en banc denied at 285 F.3d 1226 (9th Cir.2002). The district court’s decision to the contrary, see Pugliese v. Ariz. Dept. of Health and Human Servs., 147 F.Supp.2d 985, 989-91 (D.Ariz.2001), which was rendered prior to the decisions cited above, is therefore REVERSED. We REMAND for further proceedings consistent with this opinion.