Disability law refers to laws related to individuals with disabilities; specifically, these laws protect disabled individuals from certain kinds of discrimination. Disability laws are particularly concerned with employment, housing, education, and access to public services.
Whether the Eleventh Amendment’s notion of state sovereign immunity prevents a state-created agency from suing state officials in federal court to seek conformity with federal law.
The Virginia Office for Protection and Advocacy ("VOPA"), an independent state agency, advocates for individuals with mental illnesses and developmental disabilities. In accordance with federal funding requirements, Virginia law authorizes VOPA to access an individual's records if VOPA believes an individual was abused. During an investigation, a state facility denied VOPA access to the records of three individuals, and VOPA sued three state officials alleging that they violated federal law. The Eleventh Amendment provides that states cannot be sued in federal court by residents of one of the United States or of a foreign state. However, the Supreme Court, in Ex parte Young, recognized an exception to the Eleventh Amendment allowing a party to sue state officials for injunctive or declaratory relief to correct an ongoing violation of federal law. The Fourth Circuit held that, because the plaintiff in this suit was a state-created agency rather than a private individual, the suit could not proceed under the Ex parte Young exception and that allowing it to proceed in federal court would be a violation of Virginia’s sovereign immunity. This decision may affect the ability of independent agencies to protect vulnerable individuals from neglect and has the potential to increase legal conflict between state agencies.
Whether the Eleventh Amendment categorically precludes an independent state agency from bringing an action in federal court against state officials for prospective injunctive relief to remedy a violation of federal law under the doctrine of Ex parte Young.
The Virginia Office for Protection and Advocacy ("VOPA") is an independent state agency that advocates for individuals with mental illnesses and developmental disabilities. See Virginia v. Reinhard, 568 F.3d 110, 113 (4th Cir.
· Annotated U.S. Constitution: Eleventh Amendment
· Richmond Times, Michael Martz: Watchdog Group Faults Lynchburg Facility for Mentally Retarded (Jan. 6, 2006)
· Constitutional Law Prof Blog, Steve Vladeck: VOPA v. Reinhard and Ex parte Young: Why Cert. Should (and Will) Be Granted (May 20, 2010)
