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BARNES v. GORMAN

No. 01-682.

536 U.S. 181 (2002)

122 S.Ct. 2097

153 L.Ed.2d 230

BARNES, in her official capacity as MEMBER OF THE BOARD OF POLICE COMMISSIONERS OF KANSAS CITY MISSOURI, et al. v. GORMAN

Supreme Court of United States.

Decided June 17, 2002.

Attorney(s) appearing for the Case

Lawrence S. Robbins argued the cause for petitioners. With him on the briefs were Roy T. Englert, Jr., Alan E. Untereiner, Arnon D. Siegel, and Dale H. Close.

Gregory G. Garre argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Assistant Attorneys General Boyd and McCallum, Deputy Solicitor General Clement, Jessica Dunsay Silver, and Gregory B. Friel.

Scott L. Nelson argued the cause for respondent. With him on the brief were Brian Wolfman, John M. Simpson, and Connie Knight Sieracki.*

Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Kennedy, Souter, and Thomas, JJ., joined. Souter, J.,filed a concurring opinion, in which O'Connor, J.,joined, p. 190. Stevens, J., filed an opinion concurring in the judgment, in which Ginsburg and Breyer, JJ., joined, p. 191.

Justice Scalia, delivered the opinion of the Court.

We must decide whether punitive damages may be awarded in a private cause of action brought under § 202 of the Americans with Disabilities Act of 1990 (ADA), 104 Stat. 337, 42 U. S. C. § 12132 (1994 ed.), and § 504 of the Rehabilitation Act of 1973, 87 Stat. 394, 29 U. S. C. § 794(a).

I

Respondent Jeffrey Gorman, a paraplegic, is confined...

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