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Tenth Circuit Says Disabled Colorado Prisoner Offered Diapers Rather Than Bathroom Pass May Deserve Damages Under ADA

Loaded on May 1, 2022 by David Reutter published in Prison Legal News May, 2022, page 50
Filed under: Americans with Disabilities Act. Location: Colorado.

by David M. Reutter

In an opinion issued on September 8, 2021, the U.S. Court of Appeals for the Tenth Circuit ruled the federal district court in Colorado erred in dismissing a state prisoner’s claim filed under the Americans with Disabilities Act (ADA), 42 U.S.C. ch. 126 §12101 et seq., ...

 

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More from this issue:

  1. PrimeCare: Less Medical Care for Prisoners, Higher Expenses for Taxpayers, More Profits for Corporate Owner, by Matthew Clarke
  2. Vermont Supreme Court: Removing Prisoner From Programming Is Reviewable When Catalyst Was Punitive
  3. From the Editor, by Paul Wright
  4. $11 Million Settlement Reached in Tennessee Suit Alleging False Arrest and False Imprisonment of Minors, by Edward Lyon
  5. $5.5 Million Settlement to California Prisoner Left Incapacitated After Suicide Attempt at Santa Cruz County Jail, by Edward Lyon
  6. Nine Deaths in Three Years at CoreCivic Jail in Florida, None From COVID-19
  7. Pittsburgh Jail Records 13 Deaths in Two Years, Only One From COVID-19, by Jo Ellen Nott
  8. California Federal Court Approves Consent Decree Upgrading Mental Health Care at Alameda County Jail, by David Reutter
  9. Trapped in The Floods: With Floodwaters Rising, Prisoners Wait for Help in Floating Feces, by Alleen Brown
  10. Fifth BOP Staffer Arrested in “Rape Club” at California Federal Prison, by Jo Ellen Nott
  11. Eighth Circuit Rules Pretrial Detainees and Prisoners Have Right to Visit Family Members
  12. Tenth Circuit Says Parolee May Not be Forced to Participate in Religious Program Under Threat of Jail, by David Reutter
  13. $8.5 Million Paid by Pennsylvania DOC for Death of Asthmatic Prisoner Improperly Pepper-Sprayed, by Matthew Clarke
  14. Investigation Finds Hundreds of Unreported Deaths in Tennessee Prisons and Jails, by Harold Hempstead
  15. $260,000 in Attorney Fees Awarded by California Federal Court after Finding Governing State Law Not Impacted by PLRA, by David Reutter
  16. Multiple Florida DOC Guards Convicted of Assault, Smuggling and Child Sex Abuse, by Jo Ellen Nott
  17. Hawaii Supreme Court Orders New Parole Hearing for Prisoner Held Since 1979, by Douglas Ankney
  18. $2.2 Million Settlement Over Transgender Georgia Prisoner’s Suicide Is Largest in State DOC History, by Matthew Clarke
  19. Eleventh Circuit Says Georgia Prisoner Failed to Exhaust Remedies by Filing Late Grievance to Ask for Investigation that Was Already Underway, by David Reutter
  20. Nevada Federal Court Denies Motion to Compel Arbitration by Rapid Financial Solutions in Debit Card Suit, by David Reutter
  21. $6,500 Paid by Nevada DOC After Ninth Circuit Affirms Denial of Qualified Immunity for Withholding Evidence From Prisoner Accused of Smuggling Meth in Mail, by David Reutter
  22. Ecuador’s Prison System in Catastrophic Crisis, by Edward Lyon
  23. What to Know about Using Pell Grants to Take College Classes in Prison, by Richard Hahn
  24. $725,000 Settlement Reached in North Carolina Prisoner’s Suicide at Troubled Jail, by Keith Sanders
  25. $316,673 Settlement in New Mexico Prisoner’s Lawsuit Over Stabbing at GEO-Operated Private Prison, by Matthew Clarke
  26. Guard Arrested for Running “Fight Club” in New Jersey Prison Kitchen, by Jayson Hawkins, Ashleigh Dye
  27. Sweetheart Deal Nets GEO Group $15 Million Payout from ICE for Haitian Deportation Flights, by Ashleigh Dye
  28. Tenth Circuit Says Disabled Colorado Prisoner Offered Diapers Rather Than Bathroom Pass May Deserve Damages Under ADA, by David Reutter
  29. Ninth Circuit Says Nevada DOC Not Micromanaged by Requirement to Treat Prisoner’s Severe Mental Illness; Upholds Preliminary Injunction, by Matthew Clarke
  30. Con Who Conned Cons is Sentenced to Federal Prison
  31. DOJ Reaches Settlement Over Disability Access With Vermont Prison System, by Jacob Barrett
  32. Absenteeism Skyrockets for New York City Jail Guards, Up 215% Over the Last Two Years, by Jo Ellen Nott
  33. Ninth Circuit: Error to Instruct Jury to Defer to Medical Staff’s Asserted Security Justification for Terminating California Prisoner’s Morphine Prescription Without Tapering, by Matthew Clarke
  34. Preliminary Injunction Granted to Illinois Prisoner to Receive Non-Allergenic Kosher Meals, by David Reutter
  35. Connecticut Supreme Court Rules That Prisoner Was Denied Due Process with Sex Offender Classification, by Harold Hempstead
  36. Lifting Six-Year Moratorium, Oklahoma Treats Witnesses to Convulsing and Vomiting Prisoner During Execution, by Keith Sanders
  37. News in Brief
  38. Washington State Supreme Court Holds that Denying Wheelchair-Bound Prisoner Access to Water and Toilet Facilities Violates State Constitution, by Douglas Ankney
  39. HRDC Sues New Hampshire Jail over Publications Banned under No-Hard-Copy Mail Policy, by Sam Rutherford
  40. HRDC Sues Nebraska Department of Correctional Services for Banning its Books, by Sam Rutherford

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