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Smith et al v. Township of Warren et al

REPLY BRIEF to Opposition to Motion

23 Cited authorities

  1. Cleburne v. Cleburne Living Center, Inc.

    473 U.S. 432 (1985)   Cited 9,766 times   5 Legal Analyses
    Holding that mental disability is not a quasi-suspect class

  2. Deshaney v. Winnebago Cty. Soc. Servs. Dept

    489 U.S. 189 (1989)   Cited 5,651 times   8 Legal Analyses
    Holding that negligence by a county social services department which left a child permanently brain damaged by his abusive father did not shock the conscience

  3. Los Angeles v. Lyons

    461 U.S. 95 (1983)   Cited 7,562 times   13 Legal Analyses
    Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold

  4. Verizon Maryland Inc. v. Public Service Commission

    535 U.S. 635 (2002)   Cited 2,209 times   1 Legal Analyses
    Holding that "even if [47 U. S. C] § 252(e) does not confer jurisdiction, it at least does not divest the district courts of their authority under 28 U. S. C. § 1331 to review the Commission's order for compliance with federal law"

  5. Tennessee v. Lane

    541 U.S. 509 (2004)   Cited 1,373 times
    Holding that in providing prophylactic relief in the context of a "fundamental right of access to [state] courts," Title II of the ADA "constitutes a valid exercise of Congress's § 5 authority to enforce the guarantees of the Fourteenth Amendment" and abrogates the states' Eleventh Amendment sovereign immunity

  6. Texas v. United States

    523 U.S. 296 (1998)   Cited 1,477 times   3 Legal Analyses
    Holding that a claim that "rests upon contingent future events that may not occur as anticipated, or indeed may not occur at all" is not ripe for adjudication

  7. O'Shea v. Littleton

    414 U.S. 488 (1974)   Cited 4,110 times   5 Legal Analyses
    Holding that "[p]ast exposure to illegal conduct does not in itself show a present case or controversy regarding injunctive relief ... if unaccompanied by any continuing, present adverse effects"

  8. South Dakota v. Dole

    483 U.S. 203 (1987)   Cited 492 times   4 Legal Analyses
    Holding that 28 U.S.C. "§ 158 is a valid use of the spending power"

  9. Alsbrook v. City of Maumelle, Arkansas

    184 F.3d 999 (8th Cir. 1999)   Cited 643 times
    Holding that the ADA was not a valid exercise of Congress's power under § 5 of the Fourteenth Amendment

  10. Doe v. County of Centre, PA

    242 F.3d 437 (3d Cir. 2001)   Cited 489 times
    Holding that overcoming common law immunity requires a clear expression of congressional intent

  11. Section 794 - Nondiscrimination under Federal grants and programs

    29 U.S.C. § 794   Cited 12,391 times   29 Legal Analyses
    Adopting ADA standards for Rehabilitation Act claims

  12. Section 12131 - Definitions

    42 U.S.C. § 12131   Cited 5,161 times   1 Legal Analyses
    Defining discrimination to include the failure to provide "reasonable accommodations"