United States Court of Appeals
For the First Circuit
No. 02-1099
MATTHEW KIMAN,
Plaintiff, Appellant,
and
UNITED STATES,
Intervenor,
v.
NEW HAMPSHIRE DEPARTMENT OF CORRECTIONS, ET AL.,
Defendants, Appellees.
ERRATA SHEET
The opinion of this Court issued on August 20, 2002, is
amended as follows:
On page 27, line 20, insert the following after the sentence ending
"entirely fatal.": Post-Garrett, two circuits have suggested that
under some circumstances, the Eleventh Amendment immunity of the
states is validly abrogated by Title II. First, a divided Sixth
Circuit, sitting en banc, held that such an abrogation can occur
with due process-type claims under Title II. Popovich v. Cuyahoga
County Ct. of Common Pleas, Dom. Rel. Div., 276 F.3d 808 (6th Cir.
2002) (en banc). Similarly, the Second Circuit has suggested that
valid abrogation can occur when a plaintiff alleges discriminatory
intent, but it has never found any such abrogation. Garcia v.
S.U.N.Y. Health Scis. Ctr., 280 F.3d 98 (2d Cir. 2001).
The next sentence, beginning "The Fifth Circuit", begins a new
paragraph.
Page 1 of 2
At page 28, line 14, insert a paragraph break before the sentence
beginning "Finally".
At page 28, line 15, delete "Second, Sixth," and the comma
following Eighth.
At page 28, lines 17-20, delete the following: Popovich v.
Cayuahoga County Ct. of Common Pleas, Dom. Rel. Div., 276 F.3d 808
(6th Cir. 2002) (en banc); Garcia v. S.U.N.Y. Health Scis. Ctr.,
280 F.3d 98 (2d Cir. 2001);
Page 2 of 2