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· 8/21/2002

George Koslow v. Commonwealth of Pennsylvania D/B/A Department of Corrections Donald T. Vaughn Phico Services Company Compservices, Inc

Citations

  • 302 F.3d 161
  • 13 Am. Disabilities Cas. (BNA) 769
  • 2002 U.S. App. LEXIS 17279
  • 2002 WL 1925569

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that Congress may abrogate a state’s Eleventh Amendment immunity through its power to enforce the Fourteenth Amendment
  • holding that the Rehabilitation Act contains an “ordinary quid pro quo that the Supreme Court has repeatedly approved”
  • holding that “if a state accepts federal funds for a specific department or agency, it voluntarily waives sovereign immunity for Rehabilitation Act claims against the department or agency.”
  • finding that waiver of immunity from section 504 claims advances federal interest in eliminating disability discrimination from federally funded departments or agencies
  • finding that federal financial assistance under the State Criminal Alien Assistance Act was a Congressional gift or gratuity triggering a waiver of Pennsylvania's Eleventh Amendment immunity
  • holding that the state’s decision to waive all federal assistance to the Department of Corrections, while it would “no doubt” result in “fiscal hardship,” is a free choice that does not rise to the level of an unconstitutionally coercive condition

Source: CourtListener parenthetical corpus (CC0).

Judges: Scirica, Rosenn, Ward

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.