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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
- NC Prisoners Riot in Tennessee
- Fabricated Charges State Claim
- Ninth Circuit Rejects Disciplinary Double Jeopardy
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More from these topics:
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026. Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Qualified Immunity, Wrongful Use of Force.
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026. Strip Searches, Qualified Immunity, Fourth Amendment, rights, Suspicionless Searches.
- Ninth Circuit Revives HRDC Challenge to Washington DOC Mail Restrictions, Aug. 1, 2026. Qualified Immunity, Publications/Books, Due Process, Censorship, First Amendment, rights.
- Detroit Pays $5.8 Million to Former State Prisoner Exonerated of Murder After 15 Years, Aug. 1, 2026. Wrongful Conviction, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Eyewitness Identification, Evidence - Failure to Disclose.
- $1.2 Million for Elderly Detainee Shoved Out the Door of Sacramento Jail by Guard, Aug. 1, 2026. Guard Brutality/Beatings, Americans with Disabilities Act, Rehabilitation Act, Failure to Treat (Mental Illness), 42 U.S. Code § 1983, civil action for deprivation of rights.
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026. Failure to Protect (General), Physical Injury Rule, Qualified Immunity, Informants (Failure to Protect), 42 U.S. Code § 1983, civil action for deprivation of rights.
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026. Corizon, Systemic Medical Neglect, Contagious Disease -- Misc., Qualified Immunity, Deliberate Indifference.
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026. Totality of Conditions, Eighth Amendment, Exercise, Summary Judgment, Qualified Immunity.
- Oregon Reaches $49 Million Settlement with State Prisoners in COVID-19 Class-Action, Aug. 1, 2026. COVID-19, Eighth Amendment, Settlements, Class Certification, Qualified Immunity.
- ICE Stops Reporting Deaths of Recently Released Detainees, July 1, 2026. Misconduct/Corruption, Medical, Conditions of Confinement, Immigration Law/Offenses, Civil Rights Actions or Offenses/Bivens Actions.

