Page:United States Reports 546.pdf/365

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546US1

154

Unit: $U14

[08-22-08 15:39:40] PAGES PGT: OPIN

UNITED STATES v. GEORGIA Opinion of the Court

meets the essential eligibility requirements for the receipt of services or the participation in programs or activities pro­ vided by a public entity.” § 12131(2). The Act defines “ ‘public entity’ ” to include “any State or local government” and “any department, agency, . . . or other instrumentality of a State,” § 12131(1). We have previously held that this term includes state prisons. See Pennsylvania Dept. of Corrections v. Yeskey, 524 U. S. 206, 210 (1998). Title II au­ thorizes suits by private citizens for money damages against public entities that violate § 12132. See 42 U. S. C. § 12133 (incorporating by reference 29 U. S. C. § 794a). In enacting the ADA, Congress “invoke[d] the sweep of congressional authority, including the power to enforce the fourteenth amendment . . . .” 42 U. S. C. § 12101(b)(4). Moreover, the Act provides that “[a] State shall not be im­ mune under the eleventh amendment to the Constitution of the United States from an action in [a] Federal or State court of competent jurisdiction for a violation of this chapter.” § 12202. We have accepted this latter statement as an un­ equivocal expression of Congress’s intent to abrogate state sovereign immunity. See Board of Trustees of Univ. of Ala. v. Garrett, 531 U. S. 356, 363–364 (2001). B Petitioner in No. 04–1236, Tony Goodman, is a paraplegic inmate in the Georgia prison system who, at all relevant times, was housed at the Georgia State Prison in Reidsville. After filing numerous administrative grievances in the state prison system, Goodman filed a pro se complaint in the United States District Court for the Southern District of Georgia challenging the conditions of his confinement. He named as defendants the State of Georgia and the Georgia Department of Corrections (state defendants) and several in­ dividual prison officials. He brought claims under Rev. Stat. § 1979, 42 U. S. C. § 1983, Title II of the ADA, and other pro­