Kiman v. New Hampshire Dept. of Corrections.

• Position: IMMUNITY - Brief Article

U.S. Appeals Court

ELEVENTH AMENDMENT

Kiman v. New Hampshire Dept. of Corrections, 301 F.3d 13 (1st Cir. 2002). A former inmate suffering from amyotrophic lateral sclerosis (ALS) brought a [section] 1983 action against corrections officials, alleging violations of the Americans with Disabilities Act (ADA). The district court dismissed the case and the former inmate appealed. The appeals court reversed and remanded. The appeals court held that Title II of ADA abrogated the State's sovereign immunity under the Eleventh Amendment. The...