Rehabilitation Act (Section 504), 29 U.S.C. Northwest Indian Cemetery Protective Ass’n, 485 U.S. The District Court Should Apply The Correct Legal Standard In Addressing Any Eleventh Amendment Immunity Question Properly Before It. The District Court Erred In Considering Whether Title II Is A Legitimate Exercise Of Congress’s Power To Abrogate States’ Eleventh Amendment Immunity Without First Determining Whether The Case Could Be Resolved On Non-Constitutional Grounds. THIS COURT SHOULD VACATE THE DISMISSAL OF THE TITLE II CLAIM AND REMAND FOR THE DISTRICT COURT TO CONSIDER NON-CONSTITUTIONAL GROUNDS FOR AVOIDING THE QUESTION OF ELEVENTH AMENDMENT IMMUNITY. Department of Justice, Civil Rights Division, counsel for the United States.ĬERTIFICATE OF INTERESTED PERSONS AND CORPORATE DISCLOSURE STATEMENT. Department of Justice, Civil Rights Division, counsel for the United States ģ. Department of Justice, Civil Rights Division, counsel for the United States Ģ. In accordance with Eleventh Circuit Rules 26.1-1, 26.1-2, and 26.1-3, the United States as amicus certifies that, in addition to those listed in the certificate filed by plaintiff-appellant in his opening brief docketed on March 28, 2018, the following persons may have an interest in the outcome of this case:ġ. ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDAīRIEF FOR THE UNITED STATES AS AMICUS IN SUPPORT OF NEITHER PARTY URGING THE COURT TO VACATE THE DISMISSAL ORDER AND REMANDĬERTIFICATE OF INTERESTED PERSONS AND CORPORATE DISCLOSURE STATEMENT MIAMI-DADE TRANSIT AGENCY, Defendant-Appellee IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

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