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No Immunity for AIDS RA Claim
Loaded on Feb. 15, 1996
published in Prison Legal News
February, 1996, page 19
Afederal district court in New York has held that a state agency, the DOCS, did not enjoy immunity from suit under 29 U.S.C. § 794, the Rehabilitation Act (RA). Edward Timmons, a New York state prisoner, was wrongly diagnosed as having AIDS in 1984. As a result of the misdiagnosis …
Filed under:
Medical,
HIV/AIDS,
Misdiagnosis,
Rehabilitation Act,
Eleventh Amendment Immunity,
Qualified Immunity.
Location:
New York.
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- How the Florida DOC Circumvents Prisoners' Rights to Meaningful Access to the Courts, by Van Poyck, William
- Jury Awards $39,000 in Texas Scalding
- From the Editor, by Dan Pens
- RFRA Case Set for Trial
- Washington DOC Costs Policy Enjoined
- Ohio Update, by John Perotti
- Unrest in NY Prisons, by EO E
- Suspect Peppers in LA, by Clay Huff
- An Angry White Man, by C L
- U.S.P. Lewisburg Lockdown
- Washington Court Access Suit Settled, by Paul Wright
- New Jersey Takes Computers
- Jurors Challenge Tennessee Constitution
- Alaska Overcrowding Fines Increase
- Attorney Fee Award Affirmed
- ISRB Can't Change Rules to Avoid Compliance with Court Order
- Washington Prisoners Have Liberty Interest in Good Time
- No Jurisdiction for Some Appeals
- Kidnapping and Extortion, Texas Style, by Dan Pens
- Irish POWs in the US
- Peru Political Materials
- It's About Time: Americas Imprisonment Binge, by Linda Wilson
- Weight Lifting Info Available on the Internet
- No Immunity for Retaliatory Discipline
- Fifth Circuit to Require Administrative Exhaustion
- Georgia Prisoner Strangled by Guards
- Colorado Prisoners Riot in Texas Jail
- $7,639.20 Awarded in Retaliatory Transfer
- No Immunity for AIDS RA Claim
- Partial Filing Fee Allowed
- BOP Multiple Cell May Violate Constitution
- Failure to Provide Medical Treatment Unlawful
- Court Access in Massachusetts DDU Challenged
- CDC Hobby Shop Ruling Affirmed
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- Fabricated Charges State Claim
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More from these topics:
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- $2.75 Million Paid by Washington County and NaphCare for Jail Detainee’s Suicide, April 1, 2026. Naphcare, Qualified Immunity, Medical Neglect/Malpractice, Suicides, Deliberate Indifference.
- $10.3 Million Paid for Teen’s Death at Kansas Juvenile Detention Facility, April 1, 2026. Restraints, Qualified Immunity, Excessive Force (Wrongful Death), 42 U.S. Code § 1983, civil action for deprivation of rights, Wrongful Use of Force.
- Prisoners in Oklahoma Can Now Buy Vapes, Pouches from Commissary, April 1, 2026. Medical, Statistics/Trends, Commissary, Prison Regulations.
- Eighth Circuit Revives Case Against Guards Who Failed to Intervene As Chaplain Sexually Assaulted Arkansas Prisoner, March 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Prison Rape Elimination Act, Qualified Immunity, Failure to Train/Supervise.
- Sixth Circuit Revives Michigan Prisoner’s Challenge to Guard Tackle That Broke His Foot, March 1, 2026. Evidentiary Ruling (Disciplinary Hearings), Guard Brutality/Beatings, Summary Judgment, Qualified Immunity, Wrongful Use of Force.
- Minnesota Study Shows Disproportionate Rate of Health and Mental Problems for Recently Incarcerated, March 1, 2026. Racial Discrimination, Medical, Statistics/Trends, Mental Health, Health care.
- Louisiana Prisoner Sustains Claim Against Prison Doctor for Allowing Assignment to “Field Duty” Despite Known Ankle Injury, March 1, 2026. Inability to Work, Skeletal Injury, Summary Judgment, Qualified Immunity, Deliberate Indifference.
- Tenth Circuit Affirmed Denial of Guards Qualified Immunity in Disabled Detainee’s Fourteenth Amendment Claim, March 1, 2026. Failure to Treat, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- Michigan Claws Back $1.2 Million Paid to Wrongfully Convicted Former Prisoner, Feb. 1, 2026. Police Misconduct, Wrongful Imprisonment, Qualified Immunity, Forensic Sciences, Fabrication of Evidence.

