Lane v. Pe–a, 518 U.S. 187, 15 (1996)

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Cite as: 518 U. S. 187 (1996)

Stevens, J., dissenting

from the Merchant Marine Academy because he has diabetes. Lane was injured by that violation, and he is therefore entitled to maintain an action against the agency under § 504. The parties and the Court agree that damages are an appropriate form of relief for most violations of § 504, including wrongful conduct by private recipients of federal funding, by state actors, and by federal agencies acting in a funding capacity. The only issue in the case is whether Congress carved out a special immunity from damages liability for federal agencies acting in a nonfunding capacity, as the Department of Transportation was acting in this instance. I think it plain that Congress did not.

I

Congress passed the Rehabilitation Act to "develop and implement, through research, training, services, and the guarantee of equal opportunity, comprehensive and coordinated programs of vocational rehabilitation and independent living" for the disabled. 29 U. S. C. § 701, as amended by Pub. L. 95-602, Title I, § 122(a)(1), 92 Stat. 2984. As originally enacted in 1973, § 504 of the Act provided:

"No otherwise qualified handicapped individual in the United States . . . shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." Pub. L. 93-112, 87 Stat. 394.

Although the Court pays scant attention to the principle, we have previously held that congressional intent with respect to a statutory provision must be interpreted in the light of the contemporary legal context. Franklin v. Gwinnett County Public Schools, 503 U. S. 60, 71 (1992). A review of the relevant authorities convinces me that § 504 created a private cause of action with a damages remedy.

The text of § 504 was modeled on the language of § 601 of Title VI of the Civil Rights Act of 1964, which prohibits

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