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DEGRAFINREID v. RICKS

No. 03 Civ. 6645(RWS).

417 F.Supp.2d 403 (2006)

Terry DEGRAFINREID, Plaintiff, v. Thomas RICKS, Superintendent of the Upstate Correctional Facility of the New York State Department of Correctional Services, et al., Defendants.

United States District Court, S.D. New York.

February 23, 2006.

Attorney(s) appearing for the Case

Koppell, Leavitt, Kerson & Duane, New York, NY (Ira R. Greenberg, of counsel) for Plaintiff.

Honorable Eliot Spitzer, Attorney General of the State of New York, New York, NY (Neil Shevlin, Assistant Attorney General, of counsel), for Defendants.

OPINION

SWEET, District Judge.

The plaintiff class in Clarkson v. Coughlin (the "Clarkson Class"), certified by this Court at 145 F.R.D. 339 (S.D.N.Y.1993), seeks to intervene in this case pursuant to Rule 24(b)(2), Fed.R.Civ.P., to address the limited question of whether the Eleventh Amendment provides defendants with immunity from claims for monetary damages brought under Title II of the Americans with Disability Act (hereinafter,...

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