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Individual Capacity Claims Not Applicable to RA and ADA
Loaded on Aug. 15, 1999
published in Prison Legal News
August, 1999, page 16
Afederal district court in Colorado held that individual defendants in their individual capacities are not liable under the Rehabilitation Act (RA) or the Americans with Disabilities Act (ADA). Additionally, these defendants were held to be entitled to qualified immunity from § 1983 claims under the Acts.
Filed under:
Disabled Prisoners,
Civil Procedure,
Defenses,
Class Certification,
Americans with Disabilities Act,
Rehabilitation Act,
Qualified Immunity.
Location:
Colorado.
In 1992, Jessie Montez, …
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- "Victims' Rights" as a Stalkinghorse for State Repression, by Paul Wright
- No Equal Justice: Race and Class in the American Criminal Justice System, by David Cole (Review), by Alex Friedmann
- From the Editor, by Paul Wright
- PLN Sues Alabama DOC Over Gift Subscription Ban
- Notes from the Unrepenitentiary, by Laura Whitehorn
- Prison-Industrial Complex Conferences Are Spreading the Word, by Hans Sherrer
- Kentucky Jail Settles Strip Search Suit for $11.5 Million
- Washington 35% Law Struck Down by State Court
- Washington Legislature Amends 35% Law, Again, by Paul Wright
- Washington DOC Illegally Penalizes Indigents
- Class Action Suits Challenge Rip-Off Prison and Jail Phone Rates
- FCC Requires Rate Disclosure for Prison Phones
- Kentucky Utilities Commission Reduces Prison and Jail Phone Rates
- Warden Used "Force" in Sexual Assault
- Private Prison Operators Enter Medical Care Market, by Alex Friedmann
- Jury Awards Beaten Texas Prisoner $250,000
- Physical Injury Rule Applied to Pre-PLRA Asbestos Exposure
- CCA Settles Youngstown Suit for $2.48 Million
- Attorney Fees Must Be Expressly Reserved
- PLN Sues Utah Jail over "Bulk Mail" Ban
- First Amendment Guarantees Kosher Meals
- Frivolous Qualified Immunity Appeals Warrant Sanctions
- Individual Capacity Claims Not Applicable to RA and ADA
- Franklin Reversed; DC Prisoners Have No Right to Qualified Interpreters
- No Qualified Immunity for Texas Sheriff and CCRI Guards Who Abused Missouri Prisoners
- No Liberty Interest in Illinois Parole Laws
- BOP Erred in Denying Early Release Eligibility
- Denial of Pain Medication Violates Eighth Amendment
- Motive Question Precludes Summary Judgment in Medical Suit
- Tarrant County Jail's Christian Education Unit May Violate Texas and Federal Establishment Clauses
- Iowa Ban on Tapes with Parental Warning Upheld, by Paul Wright
- AA Probation Requirement Continues to Violate Establishment Clause
- Pro Se IFP Litigant Entitled to Amend Suit in Second Circuit
- California Guard Union Doles Out Millions to Politicians
- PLRA Consent Decree Termination Provision Upheld by 2nd and 3rd Circuits
- Costs Imposed Regardless of Ability to Pay
- PLRA Attorney Fee Cap Applies in $65,000 Beating Case
- Heck Doesn't Apply After Release from Prison
- No Administrative Exhaustion Requirement for Ex-Prisoners
- PLRA Doesn't Require Notice of Claim for Exhaustion
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- News in Brief
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- 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.
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- $300,000 Class-Action Settlement at California Jail Includes Policy Changes; Agreements with Aramark and Wellpath Reached Confidentially, March 1, 2026. Food, Sanitation, Settlements, Class Certification, Monell Liability.
- South Dakota Sobriety Program Participants Will No Longer Be Jailed for Non-Payment of Fees, March 1, 2026. Settlements, Class Certification, Fourteenth Amendment, rights, Unlawful Detention, Ability to Pay.
- Sixth Circuit Revives Michigan Prisoner’s Challenge to Guard Tackle That Broke His Foot, March 1, 2026. Evidentiary Ruling (Disciplinary Hearings), Guard Brutality/Beatings, Summary Judgment, Qualified Immunity, Wrongful Use of Force.

