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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:
- 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.
- 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.
- Ninth Circuit Reinstates Wheelchair-Bound Washington State Prisoner’s Suit Over Failure to Accommodate Disabilities During Transport, Feb. 1, 2026. Transportation, Excessive Force, Americans with Disabilities Act, Rehabilitation Act, Deliberate Indifference.
- Broken Water Pipe Leads to Unsanitary Conditions at Montana State Prison, Dec. 1, 2025. Disabled Prisoners, Plumbing, Water, Sanitation, Hygiene Supplies.
- Ohio Sheriff Agrees to Outside Probe in Investigation of Jailed Double Amputee’s Death, Dec. 1, 2025. Jail Misconduct, Disabled Prisoners, Restraints, Police--Excessive Force, Police/Govt Misconduct.
- Arkansas Prison Reaches ADA Settlement, Dec. 1, 2025. Disabled Prisoners, Systemic Medical Neglect, Water, Settlements, Americans with Disabilities Act.
- Disabled Prisoner Who Won $1.85 Million After Fall in Chicago Jail Secures Class Certification for Separate ADA Challenge to Jail Conditions, Dec. 1, 2025. Disabled Prisoners, Bedding, Class Certification, Americans with Disabilities Act, Rehabilitation Act.
- Guards at an Infamous Mississippi Jail Mocked a Disabled Detainee, Dec. 1, 2025. Guard Misconduct, Jail Misconduct, Disabled Prisoners, Stun Guns/Tasers, Punishment.
- Third Circuit Revives Pennsylvania Prisoner’s Claims Against the State and Wellpath, Dec. 1, 2025. Failure to Treat, Complaints, Americans with Disabilities Act, Rehabilitation Act, Deliberate Indifference.

