42 U.S.C. § 12202
Section 12202 · State immunity
This is § 502 of the Americans with Disabilities Act of 1990
Amended 1 time on record
Applied in 214 court decisions — leading case Board of Trustees of the University of Alabamas v. Patricia Garrett (2001)
Most recently applied in Yerdon v. Poitras (November 2024)
Cases citing this section usually also cite 42 U.S.C. § 12101 · 42 U.S.C. § 12132 · 29 U.S.C. § 794
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in 1 Federal or State court of competent jurisdiction for a violation of this chapter. In any action against a State for a violation of the requirements of this chapter, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State.