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Civil Procedure Keyed to Babcock
Tennessee v. Lane
Citation:
541 U.S. 509 (2004)Facts
George Lane and Beverly Jones, both paraplegics who use wheelchairs for mobility, filed suit against Tennessee alleging violations of Title II of the ADA. Lane was required to appear at a criminal proceeding on the second floor of a courthouse with no elevator. For his first appearance, Lane crawled up two flights of stairs. When he returned for a subsequent hearing, he refused to crawl again or be carried, resulting in his arrest for failure to appear. Jones, a certified court reporter, claimed she could not gain access to several county courthouses, causing her to lose work and the opportunity to participate in the judicial process. Title II of the ADA prohibits public entities from discriminating against qualified individuals with disabilities in the provision of services, programs, or activities. Tennessee moved to dismiss the suit, claiming Eleventh Amendment immunity. The case reached the Supreme Court after the Sixth Circuit held that Title II validly abrogated state sovereign immunity for claims implicating due process rights.
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