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Prisoner ADA Suit Wins at Trial
Loaded on March 15, 1996
by John Emry
published in Prison Legal News
March, 1996, page 1
by John Emry, Attorney at Law
Filed under:
Disabled Prisoners,
Civil Procedure,
Damages,
Jury Instructions,
New Trial Motions,
Americans with Disabilities Act,
Rehabilitation Act.
Location:
Indiana.
Below is a report of a trial and recent retrial [ Cleo Love v. Westville Correctional Center, USDC, Northern District, South Bend Division, Indiana; 3:94CV0371RM] which had interesting results:
Plaintiff, a quadriplegic confined to a wheelchair for several years, was committed to the custody …
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More from this issue:
- Prisoner ADA Suit Wins at Trial, by John Emry
- GCI Corruption Continues
- Lying Pathologist Imprisoned
- From the Editor, by Paul Wright
- Pro Se Tips and Tactics (Individual and Official Capacity Suits), by John Midgley
- Texas Medical Charge May Violate Due Process
- National Convocation May 18-22
- How Many Times Do We Pay?, by Jon Marc Taylor
- Qualified Immunity for ADA Suit
- Interlocutory Appeals Discussed
- Atlanta Jail Official Arrested
- The Cost of Litigation, by Arizona Reader
- Case Updates
- Legal Materials Available
- Soledad Brother, by Reviewed by Schulte, Elizabeth
- Attorney Fees for Consent Decree Enforcement
- Texas Guard Gets Probation for Killing Prisoner
- Florida Chain Gangs
- Forced Labor for Arizona Death Row Prisoners
- Virginia Class Action Members Sought
- Exposure to Fumes Violates 8th Amendment
- Clippings Suit Set for Trial
- Fact Disputes Not Immediately Appealable
- Contempt Ruling Against LA Prisoncrats
- No Specific Intent Required for 8th Amendment Claim
- Seventh Circuit Discusses Sandin
- Transexuals Entitled to Treatment
- Private Prisons Get Qualified Immunity
- Law on Retaliation Clearly Established in 2nd Circuit
- Guard's Rectal Search States Claim
- Prison Officials Can't Moot Law Library Suit by Transfer
- Washington State Sues Over Aliens
- News in Brief
- US Supreme Court Grants Review in Forfeiture Cases
- Muslims Granted TRO
More from John Emry:
- Jury Awards $201,501 to Raped Indiana Prisoner, Dec. 15, 1997
- ADA Suits Not Affected by PLRA Attorney Fee Caps, Oct. 15, 1997
- Prisoner ADA Suit Wins at Trial, March 15, 1996
More from these topics:
- $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.
- Virtual Reality Intervention Improves Police-Interaction Skills for Autistic Individuals, Aug. 1, 2026. Discrimination, Americans with Disabilities Act, Staff Training.
- Oregon Supreme Court: Jail Credit Statute Focuses Upon Legal Custody Not Physical Custody Location, July 1, 2026. Civil Procedure, Sentencing, Appeals/Appellate Jurisdiction, Criminal Justice, Statutory Construction/Interpretation.
- $250,000 Paid by Maine to Former Prisoner Held in Solitary Confinement—Which the State DOC Says Doesn’t Exist, June 1, 2026. DOC/BOP misconduct, Americans with Disabilities Act, Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness), Cruel and Unusual Punishment.
- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Damages, Evidentiary Ruling, Cruel and Unusual Punishment.
- Oregon Supreme Court Announces Trial Courts Must Give Complete Oral Final Jury Instructions at Conclusion of Trial, Preliminary Instructions Cannot Substitute for the ORCP 59 B Charge, May 1, 2026. Jury Instructions, Jury Instructions in Jury Room, Grounds for Relief, Denial of Due Process, Right to Testify/Remain Silent.
- California Spends $300 Million Each Year Incarcerating Senior Citizens in Women’s Prisons, April 1, 2026. Retaliation for Filing Grievances, Totality of Conditions, Parole, Life without Parole (LWOP), Americans with Disabilities Act.
- Ohio Supreme Court Awards Prisoner $1,000 for Denied Records Request, April 1, 2026. Administrative Exhaustion (PLRA), Damages, Public Records, Public Records Act.
- Constitutional Challenge to Louisiana Prison “Farm Line” Granted Class Certification, March 1, 2026. Prison Labor, Exposure to Heat, Injunctions (PLRA), Class Certification, Americans with Disabilities Act.
- Delaware Settles Suit Over Depriving Young Prisoners of Special Education, Feb. 1, 2026. Disabled Prisoners, Education, Americans with Disabilities Act, Rehabilitation Act, Individuals with Disabilities Education Act.