Barnes v. Gorman, 536 U.S. 181, 2 (2002)

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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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