×
You've used up your 3 free articles for this month. Subscribe today.
Second Circuit Holds N.Y. Prisoner’s Short-Term Injury May Qualify As Disability under ADA
Loaded on March 1, 2022
by Jo Ellen Nott
published in Prison Legal News
March, 2022, page 62
Filed under:
Systemic Medical Neglect,
Failure to Treat,
Americans with Disabilities Act.
Location:
New York.
by Jo Ellen Nott
On June 30, 2021, the United States Court of Appeals for the Second Circuit rejected a district court’s finding that a New York prisoner’s knee injury did not qualify as a disability due to its short-term nature.
The prisoner, Davonte Hamilton, suffered a dislocated knee and ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Wellpath Founder and CEO Pleads Guilty to Federal Bribery Charges, by David Reutter
- From the Editor, by Paul Wright
- JPay Founder Ryan Shapiro Indicted for Securities Fraud, by Kevin Bliss
- Guards Not Vaxxing Across the U.S., by Jo Ellen Nott
- Virginia DOC Terminates Contract with Armor Correctional Healthcare, by Ashleigh Dye
- “The Worst Prison in New York State”, by Victoria Law
- $500,000 Default Judgment for Tennessee Woman Sexually Assaulted by Probation Officer, by David Reutter
- HRDC Wins Appeal in Florida Public Records Request Case Against Armor Correctional Health Services
- Settlement Reached to Protect Hawaii Prisoners from COVID-19, by David Reutter
- Show Me the Money: Tracking the Companies that Have a Lock on Sending Funds to Incarcerated People, by Tiana Herring, Stephen Raher
- BOP Greenlights Sex Reassignment Surgery for Federal Prisoner in Texas, by Matthew Clarke
- Department of Justice Reports on Two Decades of Prisoner Suicides, by Matthew Clarke
- Fifth Circuit Reinstates Guard’s Lawsuit Claiming Other Guards Raped Her in Texas Prison
- Michigan Prisons Ordered to Provide Jewish Prisoners Meat and Dairy on Sabbath and Holidays; Sixth Circuit Affirms, by David Reutter
- Michigan DOC Agrees to Expand Recognition of Religious Groups After DOJ Investigation
- Former Florida Prison Guard Sentenced for Conspiracy to Assault Youthful Offenders
- Federal Court Hears that Mental Healthcare in Louisiana Prison is “Almost Non-existent”, by Matthew Clarke
- Federal Judge Finds Alabama DOC Mental Health Care Horrendous, Orders: Start Hiring, by Jo Ellen Nott
- Tenth Circuit: Mentally Ill Prisoners Have No Clearly Established Right to Be Kept Out of Solitary Confinement, by Jacob Barrett
- $40,251 Default Judgment for Detainee in Malicious Prosecution by Georgia Police Officer
- Settlement Reached in Lawsuit Alleging Inadequate COVID-19 Response at Maryland Jail, by David Reutter
- California Court of Appeal Holds Prisoner May Challenge Administrative Disciplinary Violation Already Served, by Matthew Clarke
- “Abject Cruelty”: California Jail Guards Sentenced for Coordinating Prisoner Excrement Fights
- Seventh Circuit Reinstates Illinois Prisoner’s Suit Over ‘Orange Crush’ Shakedown, by David Reutter
- Dallas County Prisoner Trust Fund Bilked of $700,000 With Faked Debit Release Cards by Jail Employee
- Oregon Prisoners Face Off in Guards’ Legal Fight Over COVID-19 Vaccination Mandate
- All Writs Act Provides Authority for Medical-Imaging Transport Order for Condemned Ohio Prisoner Challenging His Conviction; Certiorari Granted, by David Reutter
- Justice Department Releases Ten-Year Recidivism Study, by Matthew Clarke
- Oregon Federal Court Sides with HRDC, Denies Motion to Compel Arbitration by “NUMI” Stored Value Cards, by Jacob Barrett
- Sixth Circuit Holds Subjective Prong of Deliberate Indifference Test Inapplicable to Pretrial Detainee’s Claims; Reinstates Lawsuit, by Matthew Clarke
- After Sixth Death in Six Years, Virginia Jail Cuts Ties with Corizon Health, by Keith Sanders, Jayson Hawkins
- $638,250 Judgment Against Georgia Jail Guard Who Orchestrated Prisoner’s Beating, by Harold Hempstead
- Federal Judge Sanctions Former Arizona DOC Director’s Foot-Dragging Attorneys in Pro Se Prisoner’s Suit, by Matthew Clarke
- $21,525 Awarded by Federal Court to Indiana Prisoner Subjected to Battery by Guard, by David Reutter
- Third Circuit: Retroactive Application of Amended New Jersey Parole Guidelines May Violate Ex Post Facto Clause, by Douglas Ankney
- Corrections Special Applications Unit Builds a Lucrative National Track Record of Abuse and Torture, by J.D. Schmidt
- Massachusetts DOC Fires COVID-19 Mitigation Ombudsman Over Previous Allegations of Document Falsification
- News in Brief
- Second Circuit Holds N.Y. Prisoner’s Short-Term Injury May Qualify As Disability under ADA, by Jo Ellen Nott
More from Jo Ellen Nott:
- California AB 2773 Requires Police to State Reason for Traffic Stops Before Questioning, May 15, 2024
- FBI Visit to Oklahoma Woman in Response to Social Media Post Sparks Debate on Free Speech, May 15, 2024
- New Data From BOP Reveals Technical Violations Account for Nearly a Third of First Step Act Recidivism, May 15, 2024
- “Sisters-In-Law” of Brazilian Prisoners Going Viral on TikTok, April 26, 2024
- Lawsuit By California Youth Alliance Prompts County Probation Chiefs to Dissolve Secretive Nonprofit, April 26, 2024
- Cellebrite Asks Law Enforcement Clients to Keep Its Phone Hacking Tech Secret, April 15, 2024
- Research Shows It Makes Sense to Hire Individuals with Criminal Records, April 15, 2024
- AI Disrupts Established Forensic Fingerprint Analysis—Not Every Fingerprint Is Unique, April 15, 2024
- Time Served Under the First Step Act: Reduction, Not Revolution, April 15, 2024
- ‘Trail ’Em, Nail ’Em, and Jail ’Em’: Issues Private Probation and Parole, April 15, 2024
More from these topics:
- $175,000 Awarded to Former California Detainee Whose Suit Prompted DOJ Investigation and Settlement Requiring Structural Changes at Jail, April 26, 2024. Disabled Prisoners, Failure to Treat, Jail Specific, DOJ CRIPA Actions, Americans with Disabilities Act.
- Seventh Circuit Grants Qualified Immunity to Illinois Jail Guards Who Relied on Nurse’s Opinion that Detainee Was “Faking” Symptoms Before He Died, April 26, 2024. Guard Misconduct, Failure to Treat, Jail Specific, Qualified Immunity, Medical Neglect/Malpractice, Immunity - Absolute and Qualified, Deliberate Indifference.
- Eighth Circuit: Arkansas Detainee Suffering Fatal Seizure Might Have Been Faking or Might Have Gotten Better, April 26, 2024. Guard Misconduct, Seizures, Failure to Treat, Drug Overdose, Qualified Immunity, Immunity - Absolute and Qualified, Deliberate Indifference.
- BOP Guard, Nurse in Virginia Indicted in Prisoner’s Death, April 26, 2024. Guard Misconduct, Medical Misconduct, Failure to Treat, Deliberate Indifference.
- Eleventh Circuit: “More than Gross Negligence” Required to Prove Deliberate Indifference, April 26, 2024. Medication, Seizures, Failure to Treat, Deliberate Indifference.
- Grand Jury Slams Sacramento County for Delaying Jail Improvements Mandated in Consent Decree, April 1, 2024. Systemic Medical Neglect, Overcrowding, Sanitation, Jail Specific, Consent Decrees, Suicides, Grand Jury, Contempt.
- Months-Long Wisconsin Prison Lockdown Prompts Lawsuits, April 1, 2024. Systemic Medical Neglect, Overcrowding, Staffing, Lockdowns.
- Third Circuit Revives Disabled New Jersey Prisoner’s Claim for Deprivation of Walking Cane, April 1, 2024. Disabled Prisoners, Americans with Disabilities Act, Rehabilitation Act, Eleventh Amendment Immunity, Deliberate Indifference.
- One Detainee Dying Every Week in L.A. County Jails, April 1, 2024. Systemic Medical Neglect, Overcrowding, Jail Specific, Wrongful Death, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Class Actions.
- Arizona Supreme Court Reverses Summary Judgment for Corizon Health in State Prisoner’s Death from Untreated Diabetes, April 1, 2024. Corizon, Diabetes, Failure to Treat.