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GUTTMAN v. KHALSA

Nos. 10-2167, 10-2172.

669 F.3d 1101 (2012)

Stuart T. GUTTMAN, M.D., Plaintiff-Appellant, v. G.T.S. KHALSA; Livingston Parsons; and the State of New Mexico, Defendants-Appellees. United States of America, Intervenor-Appellant.

United States Court of Appeals, Tenth Circuit.

January 11, 2012.

Attorney(s) appearing for the Case

Ian D. McKelvy, Sanders, Bruin, Coll & Worley, P.A., Roswell, NM, for Plaintiff-Appellant.

Dirk C. Phillips, Attorney, Appellate Section, Civil Rights Division (Thomas E. Perez, Assistant Attorney General, and Diana K. Flynn, with him on the briefs), United States Department of Justice, Washington, DC, for Intervenor-Appellant.

Thomas C. Bird (Sean Olivas and Neil R. Bell, with him on the brief), Keleher & McLeod, P.A., Albuquerque, NM, for Defendants-Appellees.

Before BRISCOE, Chief Judge, and EBEL and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

The question presented in this appeal is whether the Eleventh Amendment protects New Mexico from a suit for money damages under Title II of the Americans With Disabilities Act (ADA), 42 U.S.C. §§ 12131-65. We conclude it does. New Mexico has state sovereign immunity from a claim that it violated the ADA when it revoked the medical license of a physician whose practice the state claimed constituted an imminent danger to the public...

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