# Georgia vs. Goodman **URL:** \ **Category:** Great Debates\ **Created:** [November 9, 2005, 2:36pm UTC](https://boards.straightdope.com/t/georgia-vs-goodman/330207 "2005-11-09T14:36:55Z")\ **Posts on this page:** 3\ **Page:** 1
**Author:** ![furlibusea](https://avatars.discourse-cdn.com/v4/letter/f/aca169/32.png) [@furlibusea](https://boards.straightdope.com/u/furlibusea)\ **Post date:** [November 9, 2005, 2:36pm UTC](https://boards.straightdope.com/t/georgia-vs-goodman/330207/1 "2005-11-09T14:36:55Z")
[The Case](http://www.bazelon.org/issues/disabilityrights/resources/goodman.htm) > [@](#): > > Tony Goodman is an inmate with paraplegia who uses a wheelchair for mobility. He alleged that he was held in the Georgia State Prison for more than 23 hours a day in a cell that is so narrow (12 by 3 feet) he could not turn his wheelchair. Further, he claimed the state prison failed to make toilet and bathing facilities accessible to him, to the extent that he was sometimes forced to sit in his own waste, denied him needed medical care (such as catheters, treatment for bedsores and access to mental health counselors) and excluded him from programs and activities (such as classes and religious services) because of his disability. > > Goodman filed his suit pro se in 1999, claiming that these actions constitute discrimination against him on the basis of his disability in violation of Title II of the ADA. The State of Georgia asserted sovereign immunity. The district court agreed, granting the state’s motion for summary judgment. Goodman then appealed to the Eleventh Circuit. The appellate court affirmed the grant of summary judgment with regard to Goodman’s claims for monetary damages under Title II of the ADA, based on the Supreme Court’s decision in Board of Trustees of the University of Alabama v. Garrett that the Eleventh Amendment precludes suits against states for money damages that the based on the employment provisions (Title I) of the ADA. 120 Fed. Appx. 785, \_\_ F.3d \_\_ (11th Cir. Sept. 16, 2004) (unpublished decision). The fact that it happened is horrible, but the debate is should it be possible for states to assert soveign immunity for clear violations of federal law. My second question is are there compensetory damages for cruel and unusual punishments. It seems this shouldn’t even touch the ADA, because it is a violation of that. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [November 9, 2005, 3:00pm UTC](https://boards.straightdope.com/t/georgia-vs-goodman/330207/2 "2005-11-09T15:00:13Z")
> [@furlibusea](#): > > [The Case](http://www.bazelon.org/issues/disabilityrights/resources/goodman.htm) > The fact that it happened is horrible, but the debate is should it be possible for states to assert soveign immunity for clear violations of federal law. My second question is are there compensetory damages for cruel and unusual punishments. It seems this shouldn’t even touch the ADA, because it is a violation of that. The issue is the tension between _Board of Trustees v. Garrett_ and _Tennessee v. Lane_. _Garrett_ stands for the proposition that the ADA’s Title I (relating to employment) does NOT permit states to be sued for monetary damages - in other words, that Congress did not have the authority to waive states’ soveriegn immunity for Title I actions. But then _Tennessee v. Lane_ came along, which held that states COULD be sued for monetary damages under Title II, as it relates to building access. (Specifically, _Tennessee v. Lane_ dealt with the problems faced by a paraplegic who was charged with a criminal offense in Polk County. The county courthouse in Benton, Tennessee had no elevator, and the courtroom was on the second floor. To appear before the court, Lane crawled up two flights of stairs. When he had to return for a hearing, he refused to crawl again or to be carried by officers to the courtroom. He was arrested and jailed for failure to appear.) ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [November 9, 2005, 3:05pm UTC](https://boards.straightdope.com/t/georgia-vs-goodman/330207/3 "2005-11-09T15:05:44Z")
> [@furlibusea](#): > > [The Case](http://www.bazelon.org/issues/disabilityrights/resources/goodman.htm) > The fact that it happened is horrible, but the debate is should it be possible for states to assert soveign immunity for clear violations of federal law. My second question is are there compensetory damages for cruel and unusual punishments. It seems this shouldn’t even touch the ADA, because it is a violation of that. Hit submit too soon! Anyway, your question: “[S]hould it be possible for states to assert soveign immunity for clear violations of federal law?” is clearly answered yes, in general. In order for Congress to abrogate states’ sovereign immunity, two conditions must exist: first, Congress must unequivocally express its intent to abrogate. Secondly, Congress must be acting under clearly valid constitutional authority in the area in question. (See _Kimel v. Florida Bd. of Regents_). So it’s not merely a question of “federal law.” The federal law must have been intended specifically to abrogate states’ immunity, and Congress must say so; and the federal law must be a valid exercise of Congress’s powers.