· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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