Contact: Christopher Burley, Bazelon Center, 202-467-5730 x 133 or leec@bazelon.org

Eleventh Circuit Rules on Section 504 Damage Claims

More on Garrett v. Board of Trustees of Univ. of Alabama Civil Rights and the Americans with Disabilities Act Issues Page

Washington, DC (Sept. 24, 2003) – On September 11, the Eleventh Circuit Court of Appeals ruled in the remanded case of Garrett v. Board of Trustees of Univ. of Alabama that individuals can sue a state agency for money damages under Section 504 of the Rehabilitation Act.

The victory belongs to plaintiffs Patricia Garrett and Milton Ash, in their ongoing case against the University of Alabama. It is an important ruling on a hotly contested issue. Money damages are a particularly important remedy for plaintiffs for whom injunctive relief is not effective – for example, injunctive relief would do no good for Patricia Garrett, a former nurse who was fired from her job after being diagnosed with cancer. Garrett’s job is no longer vacant and she does not wish to return to a work environment that she considers hostile.

Two years ago, the Supreme Court affirmed the dismissal of Garrett's and Ash's damage claims under the Americans with Disabilities Act (ADA). The Court held in Board of Trustees of Univ. of Alabama v. Garrett that individuals cannot sue state employers for damages under Title I of the ADA. Many federal courts have applied that ruling to hold that individuals are also barred from bringing lawsuits for money damages against state agencies under Title II of the ADA, which concerns state programs and activities. States have argued, and some courts have held, that such suits are barred by “sovereign immunity” under the Eleventh Amendment.

In light of these rulings, many plaintiffs have sought to use Section 504 of the Rehabilitation Act to seek money damages against state entities. Plaintiffs have argued that Congress clearly conditioned states' receipt of federal funds on a waiver of their Eleventh Amendment immunity under Section 504. Most federal appeals courts have agreed with this analysis and permitted plaintiffs to sue state entities for damages under Section 504.

However, the Fifth Circuit recently joined the Second Circuit in ruling that states did not knowingly waive their immunity by receiving federal funds until after a certain date. The Fifth Circuit is scheduled to rehear this issue shortly. Given the rulings in the Fifth and Second Circuits, the Eleventh Circuit Court's decision is particularly significant. The Supreme Court is likely to consider the issue in the future.

The Bazelon Center assisted plaintiffs' counsel, Deborah Mattison of the Alabama law firm Gordon, Silberman, Wiggins & Childs, in preparing arguments, and worked with the law firm of Howrey Simon Arnold & White to develop an amicus brief joined by a number of disability rights groups.

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The Bazelon Center for Mental Health Law is the leading national legal advocate for people with mental disabilities. Through precedent-setting litigation and in the public policy arena, the Bazelon Center works to advance and preserve the rights of people with mental illnesses and developmental disabilities.