Title II Technical Assistance Manual - 1994 Supplement

II-9.0000 INVESTIGATION OF COMPLAINTS AND ENFORCEMENT

II-9.2000 Complaints.

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Is a private plaintiff entitled to compensatory damages? A private plaintiff under title II is entitled to all of the remedies available under section 504 of the Rehabilitation Act of 1973, including compensatory damages.

ILLUSTRATION: A county court system is found by a Federal court to have violated title II of the ADA by excluding a blind individual from a jury because of his blindness. The individual is entitled to compensatory damages for any injuries suffered, including compensation, when appropriate, for any emotional distress caused by the discrimination.