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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:
- Hearing-Impaired Massachusetts Prisoners Win ADA Case, July 1, 2024. Deaf Prisoners, Americans with Disabilities Act.
- $175,000 Awarded to Former California Detainee Whose Suit Prompted DOJ Investigation and Settlement Requiring Structural Changes at Jail, April 26, 2024. Disabled Prisoners, Failure to Treat, Jail Specific, DOJ CRIPA Actions, Americans with Disabilities Act.
- Third Circuit Revives Disabled New Jersey Prisoner’s Claim for Deprivation of Walking Cane, April 1, 2024. Disabled Prisoners, Americans with Disabilities Act, Rehabilitation Act, Eleventh Amendment Immunity, Deliberate Indifference.
- Seventh Circuit Reinstates Wisconsin Prisoner’s ADA Claim for Untreated Knee Injury, March 1, 2024. Failure to Treat, Bedding, Complaints, Americans with Disabilities Act, Sufficiency of Pleadings, Deliberate Indifference.
- DOJ Finds ADA Violations in Arizona Prisons, Demands Improvements, March 1, 2024. Corrections Audits, Vision, DOJ CRIPA Actions, Americans with Disabilities Act.
- Eighth Circuit Remands ADA Claims—But Not Constitutional Claims—of Paralyzed Arkansas Jail Detainee, March 1, 2024. Failure to Treat, Jail Specific, Americans with Disabilities Act, Deliberate Indifference.
- Subclass Certified and Settlement Proposed to Address ADA Violations at Long-Plagued San Diego County Jails, Feb. 1, 2024. Disabled Prisoners, Jail Specific, Americans with Disabilities Act.
- Hear Us Now? Hearing Impaired Tennessee Prisoners Secure Injunction, Jan. 1, 2024. Deaf Prisoners, Injunctions (PLRA), Preliminary Injunctions/TRO's, Americans with Disabilities Act, Rehabilitation Act, Video-Conferencing.
- Dangerous Encounters: Interactions Between Autistic Individuals and Law Enforcement, Dec. 15, 2023. Disabled Prisoners, Mental Health, Excessive Force (Police).
- Almost $1.1 Million Awarded to One-Legged Pretrial Detainee Forced to Hop to California Jail Cell, Oct. 15, 2023. Amputations, Settlements, Americans with Disabilities Act, Pretrial Detention and Detainees.