Opinion

Miller v. Texas Tech University Health Sciences Center

  • 421 F.3d 342
  • 2005 WL 1950352
Court
Court of Appeals for the Fifth Circuit
Filed
Aug 15, 2005
Status
Published
Author
Jones
On the bench
Barksdale, Benavides, Clement, Davis, Demoss, Dennis, Garza, Higginbotham, Jolly, Jones, King, Prado, Smith, Stewart, Wiener
Cited by
29 cases
Authority
More cited than 9.6%

holding that a state waives sovereign immunity from claims arising under section 504 by accepting the relevant federal financial assistance

How later courts described this case

  • holding that a state waives sovereign immunity from claims arising under section 504 by accepting the relevant federal financial assistance
  • “The maxim is well established in this circuit that a party who fails to make an argument before either the district court or the original panel waives it for purposes of en banc consideration.”
  • taking an en banc brief's "bare assertion” as forfeiture
  • § 504 of the RA

Written by the judges who cited it.

The opinion

EDITH H. JONES, Circuit Judge,

joined by E. GRADY JOLLY, JERRY E. SMITH, EMILIO M. GARZA, DeMOSS and EDITH BROWN CLEMENT, Circuit Judges,

concurring in part and dissenting in part:

The en banc decision in Pace v. Bogalusa City School Board, 403 F.3d 272 (5th Cir.2005), held that a state voluntarily and knowingly waived its Eleventh Amendment immunity, as a matter of federal law, from suits for damages in federal court by accepting federal Rehabilitation Act funds made subject to 42 U.S.C. § 2000d-7. We adhere to the arguments in the dissent from that decision. We concur, however, in the court’s disposition of the states’ fallback arguments in these cases. 1

. Of course, the court’s conclusion here that state law properly authorized the state officials to execute contracts in no way undercuts the arguments in dissent from Pace that the federal law during the relevant time period (1996 through 1998) did not communicate to the states that they possessed Eleventh Amendment sovereign immunity to waive. See Pace, 403 F.3d at 301 (Jones, J., dissenting).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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