The Eleventh Amendment prohibits private individuals from suing nonconsenting states in federal court. Congress, however, may abrogate a state’s Eleventh Amendment immunity under certain conditions. In Toledo v. Sanchez, the United States First Circuit Court of Appeals examined whether the Eleventh Amendment prevented a disabled student from suing a state university for damages under Title II of the Americans with Disabilities Act (ADA).  The court held that the state could not assert the Eleventh Amendment as an affirmative defense to a private action brought under Title II of the ADA because Congress validly abrogated state sovereign immunity within the parameters of its Fourteenth Amendment enforcement power. . . .

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