With no explanation, chose the best option from "A", "B", "C" or "D". the judiciary to enforce. See Golden State Transit Corp. v. Los Angeles, 493 U.S. 103, 106, 110 S.Ct. 444, 448-49, 107 L.Ed.2d 420 (1989). Section 794a(a) adopts procedures applicable to Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d to 2000d-7, regarding enforcement. See, e.g., 42 U.S.C. § 2000d-2 (provision for judicial review). The fact that judicial review exists is alone sufficient to conclude that the interests asserted by plaintiff are capable of judicial enforcement. 4 . The cases treating these two questions — whether § 504 creates an enforceable right cognizable under § 1983, or forecloses enforcement pursuant to § 1983 — do not provide much. See, e.g., Rodgers v. Magnet Cove Public Schools, 34 F.3d 642, 645 (8th Cir. 1994) (Wellford, Circuit Judge, concurring) (<HOLDING>); Madsen v. Boise State University, 976 F.2d

A: holding that a state is not a person under 42 usc  1983
B: recognizing such a claim under  1983
C: recognizing that although panels opinion did not reach the question the district courts foreclosure of plaintiffs  1983 action may have been error where parallel claim under 29 usc  794 also existed
D: holding that although that the district court erred in finding that plaintiffs lacked standing the appellate court may nonetheless proceed to consider the district courts determination that plaintiffs failed to state a claim upon which relief may be granted
C.