In a disability discrimination action under the Rehabilitation Act (the Act), summary judgment for defendants is affirmed where Oregon’s Office of Public Defense Services was not a “program or activity receiving Federal financial assistance” within the meaning of section 504 of the Act during the period of alleged discrimination and thus the state did not waive its sovereign immunity with respect to that agency.

Read Sharer v. Oregon, No. 08-35396

Appellate Information

Argued and Submitted June 3, 2009

Filed September 21, 2009

Judges

Opinion by Judge Fisher

Counsel

For Appellants:

Stephen L. Brischetto, Portland, OR

For Appellees:

Leigh A. Salmon, Assistant Attorney General, Salem, OR

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