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.

981010P.pdf   08/31/1999  Thomas Bradley  v.  AR Dept of Education
   U.S. Court of Appeals Case No:  98-1010
                          and No:  98-1830
   Eastern District of Arkansas   
   Civil case - Education law. While the Individuals with Disabilities 
   Education Act's provisions abrogating a state's Eleventh 
   Amendment immunity were an invalid exercise of Congress's 
   power under Section 5 of the Fourteenth Amendment, the State of 
   Arkansas waived its immunity by accepting funds under the Act; 
   Section 504 of the Rehabilitation Act is also an invalid exercise of 
   Congress's Section 5 power and is not a valid exercise of Congress's 
   spending power; since it is not a valid exercise of the spending 
   power, the state's acceptance of funds did not constitute a waiver 
   of its immunity.