Vet Gets Magistrate’s Nod for ADA Suit Over California Bar Exam

The California State Bar shouldn’t be immune from an Americans with Disabilities Act suit alleging that it retaliated against a disabled veteran who sought a DOJ investigation after the Bar initially denied him an accommodation, a federal magistrate judge recommends.

States are denied sovereign immunity against ADA claims arising from the denial of public services, and Terrence Brewer’s allegations are sufficient to advance a retaliation claim on that basis, Magistrate Judge Jeremy D. Peterson recommended. But California hasn’t consented to face state-law claims or torts in federal court, so the Eleventh Amendment bars those claims.

The Bar should wait until ...