· 12/24/2003
Nieves-Marquez v. Commonwealth of PR
Citations
- 353 F.3d 108
- 2003 U.S. App. LEXIS 26253
- 2003 WL 23008818
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “private individuals may recover compensatory damages under . . . Title II only for intentional discrimination”
- noting that claims under § 1983 are not viable against a state or its agencies
- stating that compensatory damages are not available under Title II and section 504 absent “evidence of economic harm or animus toward the disabled,” but not deciding whether such damages may be available in other circumstances
- stating the answer to whether any of the causes of action pled allowed for damages as opposed to equitable remedies only was \inextricably intertwined with the issue of Eleventh Amendment immunity\
- finding irreparable harm where the student was hearing impaired, required an ASL interpreter, and the school district’s failure to provide a certified interpreter would have caused him “to spend a silent, fruitless year in school with only the most remote hopes of being educated”
- “[P]rivate individuals may recover compensatory damages under § 504 and Title II only for intentional discrimination.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Torruella, Lynch, Howard
Read full opinion on CourtListenerSourced 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.