DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

043263P.pdf   05/27/2005  Bill M.  v.  Health & Human Serv.
   U.S. Court of Appeals Case No:  04-3263
   District of Nebraska   
   Civil Case - Americans with Disabilities Act. Denial of motion to 
   dismiss state on Eleventh Amendment immunity grounds is reversed. 
   Developmentally disabled plaintiffs' claims that state's failure to provide 
   adequate funding placed them at risk of institutionalization was 
   insufficient did not constitute sufficient harm to satisfy standing but other 
   incorporated references of actual harm satisfied standing requirement. 
   Congress did not abrogate Eleventh Amendment immunity on Title II 
   claims presented by plaintiffs and motion to dismiss Title II claim is 
   granted. Judge Colloton concurs. 
   [PUBLISHED] [Wollman, Author, with Hansen and Colloton, Circuit Judges]