Barnes v. Gorman,
536 U.S. 181 (2002)

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No. 01-682. Argued April 23, 2002-Decided June 17,2002

Respondent, a paraplegic, suffered serious injuries that left him unable to work full time when, after arrest, he was transported to a Kansas City police station in a van that was not equipped to accommodate the disabled. He sued petitioner police officials and officers for discriminating against him on the basis of his disability, in violation of § 202 of the Americans with Disabilities Act of 1990 (ADA) and § 504 of the Rehabilitation Act of 1973, by failing to maintain appropriate policies for the arrest and transportation of persons with spinal cord injuries. A jury awarded him compensatory and punitive damages, but the District Court vacated as to punitive damages, holding that they are unavailable in private suits brought under § 202 of the ADA and § 504 of the Rehabilitation Act. In reversing, the Eighth Circuit found punitive damages available under the "general rule" of Franklin v. Gwinnett County Public Schools, 503 U. S. 60, 70-71, that "absent clear direction to the contrary by Congress, the federal courts have the power to award any appropriate relief" for violation of a federal right.

Held: Punitive damages may not be awarded in private suits brought under § 202 of the ADA and § 504 of the Rehabilitation Act. These sections are enforceable through private causes of action, whose remedies are coextensive with those available in a private action under Title VI of the Civil Rights Act of 1964. See § 203 of the ADA and § 505(a)(2) of the Rehabilitation Act. Title VI invokes Congress's Spending Clause power to place conditions on the grant of federal funds. This Court has regularly applied a contract-law analogy in defining the scope of conduct for which funding recipients may be held liable in money damages, and in finding a damages remedy available, in private suits under Spending Clause legislation. The same analogy applies in determining the scope of damages remedies. A remedy is appropriate relief only if the recipient is on notice that, by accepting federal funding, it exposes itself to such liability. A funding recipient is generally on notice that it is subject not only to those remedies explicitly provided in the relevant legislation but also to those traditionally available in breach of contract suits. Title VI mentions no remedies; and punitive damages are



generally not available for breach of contract. Nor could it be said that Title VI funding recipients have, merely by accepting funds, implicitly consented to a remedy which is not normally available for contract actions, and the indeterminate magnitude of which could produce liability exceeding the level of federal funding. Because punitive damages may not be awarded in private suits under Title VI, it follows that they may not be awarded in suits under § 202 of the ADA and § 504 of the Rehabilitation Act. Pp. 184-190.

257 F.3d 738, reversed.

SCALIA, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and O'CONNOR, KENNEDY, SOUTER, and THOMAS, JJ., joined. SouTER, J., filed a concurring opinion, in which O'CONNOR, J., joined, post, p. 190. STEVENS, J., filed an opinion concurring in the judgment, in which GINSBURG and BREYER, JJ., joined, post, p. 191.

Lawrence S. Robbins argued the cause for petitioners.

With him on the briefs were Roy T. Englert, Jr., Alan E. Untereiner, Arnon D. Siegel, and Dale H. Close.

Gregory G. Garre argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Assistant Attorneys General Boyd and McCallum, Deputy Solicitor General Clement, Jessica Dunsay Silver, and Gregory B. Friel.

Scott L. Nelson argued the cause for respondent. With him on the brief were Brian Wolfman, John M. Simpson, and Connie Knight Sieracki. *

*Briefs of amici curiae urging reversal were filed for the State of Hawaii et al. by Earl I. Anzai, Attorney General of Hawaii, and Dorothy D. Sellers and Adina L. K. Cunningham, Deputy Attorneys General, joined by Robert R. Rigsby, Corporation Counsel of the District of Columbia, and the Attorneys General for their respective States as follows: Robert A. Butterworth of Florida, Steve Carter of Indiana, G. Steven Rowe of Maine, J. Joseph Curran, Jr., of Maryland, Don Stenberg of Nebraska, Frankie Sue Del Papa of Nevada, David Samson of New Jersey, Wayne Stenehjem of North Dakota, Betty D. Montgomery of Ohio, W A. Drew Edmondson of Oklahoma, Hardy Myers of Oregon, Mark L. Shurtleff of Utah, and Hoke MacMillan of Wyoming; for the California Municipalities et al. by Samuel L. Jackson, Pamela Albers, Michael G. Colantuono, Ronald R. Ball, Michael F. Dean, John L. Cook, Charles E. Dickerson III,

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