952 F.3d 613
5th Cir.2020Background
- Albert Block, a Louisiana-licensed lawyer, stopped practicing in 2004 because of disability and later sought admission to the Texas Bar.
- Texas allows admission without examination only if applicant: has a J.D., has not previously failed the Texas bar, and has actively practiced law at least 5 of the last 7 years (the active-practice requirement).
- Block failed the Texas bar twice (2015, 2016), applied in 2017 for admission without examination, and requested a waiver of the active-practice requirement due to disability; TBLE denied the waiver and the application.
- Block sued TBLE under ADA Title II (and Title V retaliation), the Rehabilitation Act, and the Fourteenth Amendment; TBLE moved to dismiss based on Eleventh Amendment sovereign immunity and other grounds.
- The district court dismissed; the Fifth Circuit affirmed dismissal of ADA, Rehabilitation Act, and Fourteenth Amendment claims for lack of jurisdiction but modified the judgment to dismiss without prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether TBLE violated Title II by refusing to waive the active-practice requirement | Block: ADA requires reasonable modification; waiver was reasonable given his disability | TBLE: Title II does not require waiving essential eligibility criteria; waiver would undermine licensing integrity and Block is not otherwise eligible (he failed the bar) | Court: Block did not plead conduct that violates Title II; requested waiver unreasonable; Eleventh Amendment bars suit |
| Whether Title V retaliation claim survives sovereign immunity | Block: TBLE retaliated by filing an unauthorized-practice complaint after waiver request | TBLE: Title V does not abrogate state immunity absent an underlying valid ADA claim | Held: Retaliation claim barred because underlying Title II claim is barred |
| Whether Rehabilitation Act §504 claim is actionable | Block: Rehabilitation Act prohibits discrimination on basis of disability | TBLE: TBLE receives no federal financial assistance; no waiver of immunity | Held: Dismissed—Block failed to allege TBLE receives federal funds |
| Whether Ex parte Young allows Fourteenth Amendment relief | Block: Ex parte Young permits suit for prospective relief against state officials | TBLE: Block sued only TBLE (the state entity), not individual officials in official capacity | Held: Ex parte Young does not apply; Fourteenth Amendment claims barred |
Key Cases Cited
- United States v. Georgia, 546 U.S. 151 (U.S. 2006) (establishes claim-by-claim three-part test for Title II §5 abrogation)
- City of Boerne v. Flores, 521 U.S. 507 (U.S. 1997) (congruence-and-proportionality standard for §5 legislation)
- Tennessee v. Lane, 541 U.S. 509 (U.S. 2004) (Title II validly abrogates immunity for cases implicating fundamental right of access to courts)
- Reickenbacker v. Foster, 274 F.3d 974 (5th Cir. 2001) (held Title II fails congruence-and-proportionality analysis as a whole)
- Melton v. Dallas Area Rapid Transit, 391 F.3d 669 (5th Cir. 2004) (elements of a prima facie ADA Title II discrimination claim)
- Bates v. State Bar of Arizona, 433 U.S. 350 (U.S. 1977) (state authority to regulate bar admission to protect public)
- Goldfarb v. Virginia State Bar, 421 U.S. 773 (U.S. 1975) (states’ broad power to set professional licensing standards)
- United States v. $4,480,466.16 in Funds Seized from Bank of Am. Account Ending in 2653, 942 F.3d 655 (5th Cir. 2019) (claims barred by sovereign immunity must be dismissed without prejudice)