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Landmark Cases

US v. GEORGIA

546 U.S. 151, 126 S.Ct. 877 (2006)

Paraplegic state prison inmate sued state Department of Corrections under Title II of ADA..He claimed that he was confined for 23 hours per day in a 12-by-3-foot cell in which he could not turn his wheelchair. He said that he was unable to use the toilet and shower without assistance. On several occasions, he had been forced to sit in his own feces and urine while prison officials refused to assist him in cleaning up. He also claimed that he had been denied physical therapy and medical treatment, and denied access virtually all prison programs and services on account of his disability.

Held: Insofar as Title II creates a private cause of action for damages against States for conduct that actually violates the Fourteenth Amendment, Title II validly abrogates state sovereign immunity.

ADA was written with broad powers.