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ADA and RA Suits Not Barred by 11th Amendment
Loaded on Sept. 15, 1998
published in Prison Legal News
September, 1998, page 12
The court of appeals for the ninth circuit held that the eleventh amendment does not bar suits under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131, or the Rehabilitation Act (RA), 29 U.S.C. § 794. Developmentally disabled prisoners in California filed a class action lawsuit under the RA …
Filed under:
Discrimination,
Disabled Prisoners,
Americans with Disabilities Act,
Rehabilitation Act,
Eleventh Amendment Immunity.
Location:
California.
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More from this issue:
- U.S. Supreme Court Rules That ADA Applies to Prisoners, by Paul Wright
- U.S. Supreme Court Reverses Reed
- Zero Tolerance Drug Policy in New Jersey
- Cases of Interest From the U.S. Supreme Court's 1997-98 Term
- Allan Ellis' Federal Prison Guidebook, by Paul Wright
- From the Editor, by Paul Wright
- The Razor Wire, by Paul Wright
- Briefs of Leading Cases in Corrections, by Paul Wright
- Cigarette Health Hazards, by Paul Wright
- Connecticut Prisoner Rights, by Paul Wright
- An End to Silence, by Paul Wright
- Criminal Law, by Paul Wright
- Pro Se Tips and Tactics, by John Midgley
- Critical Resistance Conference
- Struggling Against the Death Machine, by Dan Pens
- Whitewash in Greene County, by Mumia Abu-Jamal
- Fee Payment Orders Not Immediately Appealable
- Administrative Exhaustion
- CA Death Row Decree Ended
- Three Strikes Doesn't Apply to Pending Cases
- Sixth Circuit Requires Administrative Exhaustion
- Court Refunds PLRA Deferred Fee Overpayment
- Administrative Exhaustion Still Required
- ADA/RA Apply to FL Prison Gain Time Issues; Suit Settled
- ADA Roundup
- ADA and RA Suits Not Barred by 11th Amendment
- ADA Applied to AR Jail
- CA ADA/RA Injunction Affirmed
- ADA Applies to State Prisons
- Illinois Suing Prisoners for Cost of Incarceration
- California Guard Gets Prison in Child Molester Attacks, by Willie Wisely
- Tennessee Prison Privatization Bill Fails to Pass, by Alex Friedmann
- MI Prison "Fee" Law Preempted by ERISA
- Bivens Action is Not Time Barred When in Compliance With Rule 3
- Kansas Prisoners Entitled to Notice of Prison Rules
- Two Year Limitations on Illinois § 1983 Suits
- Dismissal for Incompetent Appointed Lawyer Reversed
- $13,501 Jury Award in Seg Case Affirmed; New Trial Denied
- Publications Lawsuit Settled in Alabama, by Cayce Moore
- Strip Searched Massachusetts Women Settle Suit for $80,000
- AEDPA Successive Petitions Clause Not Applicable to Disiplinary Hearings
- Washington Felon Voting Suit Proceeds
- No Immunity for Abestos Exposure; Toxic Water Claim Remanded
- News in Brief
- Legislative Immunity For Local Jail Budget Votes
- $1,000 Awarded in Denial of Dental Care in TX
More from these topics:
- Disabled Prisoners in New York Aren’t Receiving Entitled Accommodations, Oct. 1, 2026. Disabled Prisoners, Retaliation for Filing Grievances, Failure to Treat, Americans with Disabilities Act.
- Ninth Circuit Reverses Dismissal of Prisoner’s ADA Complaint Alleging Denial of Toileting and Hygiene Services, Oct. 1, 2026. Disabled Prisoners, Hygiene Supplies, Summary Judgment, Americans with Disabilities Act, Deliberate Indifference.
- GAO Report on ICE Jail in Fort Bliss Finds Independent Failures, Sept. 1, 2026. Contractor Misconduct, Overcrowding, Security Systems, Americans with Disabilities Act, Immigration Detention.
- Report Highlights Shortage of Wheelchairs at Michigan Women’s Prison, Sept. 1, 2026. Disabled Prisoners, Medication, Systemic Medical Neglect, Staffing, Deliberate Indifference.
- $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.
- Louisiana Republicans Eliminate Elected Office Won by Exonerated Ex-Prisoner, July 1, 2026. Discrimination, Constitutional Challenges/Law, Public Trial, Civil Rights Actions or Offenses/Bivens Actions, Fair Trial.
- $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.
- 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.
- 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.

