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Ninth Circuit· 5/14/2003

Miranda B. v. Kitzhaber

Citations

  • 328 F.3d 1181
  • 2003 WL 21078049

How courts have described this case

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

  • holding that “Congress is pre- sumed to know the law and to have incorporated judicial interpretations when adopting a preexisting remedial scheme”
  • holding that “Title II's statutory 24 language does not prohibit . . . injunctive action against state officials in their official 25 capacities”
  • holding that the denial of a defense to suit based on a statutory bar to relief under § 1983 is not immediately appealable under the collateral TANEDO V . EAST BATON ROUGE PARISH SCH . BD . 9 order doctrine
  • holding “Title II’s statutory language does not prohibit [the plaintiff’s] injunctive action against state officials in their official capacities”
  • following “the Sixth, Seventh, and Eighth Circuits in holding that Title II’s statutory language does not prohibit [the plaintiff’s] injunctive action against state officials in their official capacities”
  • declining to disturb Circuit’s “settled precedent” that Congress validly 11 abrogated sovereign immunity under Title II when intervening Supreme Court precedent 12 “addressed only Title I of the ADA”

Source: CourtListener parenthetical corpus (CC0).

Judges: Fernandez, Fisher, Scannlain

Read full opinion on CourtListener

Cited by

78 cases in this archive cite this case; the 20 most cited are listed.

Cites

43 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Miranda B. v. Kitzhaber

1 other CourtListener record shares this case name.

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.