Thursday, August 18, 2005

Third Circuit (Unpublished): Lane Doesn't Apply to Access to Auction of Confiscated Property

In an unpublished opinion issued yesterday, the Third Circuit held that the Pennsylvania Attorney General had sovereign immunity against a suit under ADA Title II challenging the inaccessibility of an auction of confiscated property. Without much discussion (as makes sense in an unpublished opinion), the court ruled that access to such an auction isn't constitutionally equivalent to access to the courts, which had been the basis for upholding Title II's abrogation of state sovereign immunity in Tennessee v. Lane. The case is Douris v. Pennsylvania Attorney General, and you can find the opinion here.


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