SocialSecurity DueProcess Securities
Does Title II of the Americans with Disabilities Act prohibit disability discrimination in state court proceedings and abrogate sovereign immunity when fundamental parent-child rights are allegedly violated?
1)Does Title II of the Americans with Disabilities Act prohibit disability discrimination in state court proceedings? What is the definition of “discrimination ” under the Americans with Disabilities Act ? What is the factual pleading standard for determining the issue of sovereign immunity? Is sovereign immunity abrogated when a plaintiff alleges a state court violated ADA Title II and his fundamental parent-child rights on the basis of disability discrimination? Is a limited remand by a U.S. Court of Appeals proper in pre-trial civil cases and if so, was the September 2020 Court of Appeals order a proper limited remand?2) 3) 4) 5) i Parties John Doe State of Tennessee; William Lee, in his official capacity, Gov. of Tenn.; Johnathan Skermetti, 1 in his official capacity, Attorney General of the State of Tennessee; Michelle Long 1, in her official capacity, Administrator of State Courts, State of Tenn., Hon. Craig Monsue, in his Official Capacity, Judge, Court of General Sessions of Dickson Co; Hon. David Wolfe, in his Official Capacity Chancellor of Dickson County Chancery Court; Dickson County Chancery Court; and, Court of General Sessions of Dickson County, Tenn. Proceedings John Doe et al. v. State of Tennessee et al., No. 24-5280 United States Court of Appeals for the Sixth Circuit. Judgement entered October 28, 2024 John Doe et al. v. State of Tennessee et al., No. 3:18-cv-00471, United States District Court for the Middle Dist. of Tenn. Judgement entered March 29, 2023. John Doe et al. v. State of Tennessee et al., No. 19-6019, United States Court of Appeals for the Sixth Circuit. Judgement entered Sep. 18, 2020. John Doe et al. v. State of Tennessee et al., No. 3:18-cv-00471,U.S. Dist. Court for the Middle Dist. of Tenn. Judgement Entered July 12, 2019. 1 Johnathan Skermetti and Michelle Long are automatically substituted for Herbert Slatery and Deborah Taylor Tate, respectively, by virtue of Fed. R. Civ Pro. R. 25(d); Fed. R. App. Pro. R. 43(c)(2), or Supreme Ct R. 35(3). n