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ADA Claims Against State Cannot Proceed in Federal Court
Loaded on Dec. 15, 2001
by John E Dannenberg
published in Prison Legal News
December, 2001, page 25
ADA Claims Against State Cannot Proceed In Federal Court
Filed under:
Blind Prisoners,
Reading Materials,
Civil Procedure,
Damages,
State Law Claims,
Venue,
Americans with Disabilities Act,
Eleventh Amendment Immunity.
Location:
Illinois.
In a suit against an Illinois prison brought under the Americans with Disabilities Act (ADA), a prisoner with impaired vision was denied monetary, declaratory, and injunctive relief in federal court under a combination of statutory and Eleventh Amendment bars. Such ADA …
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More from this issue:
- Telemarketing and Computer Programs Crash at Utah Prison, by Roger Hummel
- Use of Force, Religious Diet Claims Set for Trial
- From the Editor, by Paul Wright
- Sixth Circuit Rules PLRA Attorneys' Fees Cap Provisions Not Unconstitutional
- Administrative Remedies Need Not Identify Wrongdoers
- New Missouri Mega-Prison Mothballed, by Ronald Young
- Connecticut and Florida Change Felon Disenfranchisement Laws
- Staff Shortage in Nation's Prisons, by Gary Hunter
- Excessive Force Claims Not Subject to Exhaustion; Supreme Court Grants Review
- Two Studies Criticize Texas Department of Criminal Justice, by Gary Hunter
- Prison Guard Sentenced in Escape Plot, by Willie Wisely
- Jury Awards Imprisoned KKK Member $55,000 in Texas Jail Beating
- Texas Jury Awards $70,000 in Prison Stabbing, by Ronald Young
- Rape Rarely Prosecuted in Texas Prisons, by Gary Hunter
- Prisoners Stage Sit Down at CCA Run New Mexico Prison, by Gary Hunter
- Arizona CCA Prison Found 'In Turmoil', by Ronald Young
- $1.5 Million Awarded in CDC Medical Neglect Suit
- $100,000 Awarded in Arizona Medical Indifference Case, by Lonnie Burton
- Washington Enacts Sweeping New Sentencing Laws, Creates Parole Board for Sex Offenders, by Lonnie Burton
- Medical Monitoring Suit Settled for $675,000
- Oregon Radiation Suit Settled for $1.5 Million
- Washington Supreme Court Rules Imprisoned Children Entitled to Education, by Patricia Arthur
- Habeas Hints: AEDPA Update 2001, by Kent Russell
- New York DOCS Settles Welfare Suit; Bans Welfare for Work Release Prisoners
- U.S. Supreme Court Holds Violation of IAD's Anti-Shuttling Provisions Requires Dismissal
- Failure to Sign Notice of Appeal Not Jurisdictional
- ADA Claims Against State Cannot Proceed in Federal Court, by John E Dannenberg
- Supreme Court Eliminates "Catalyst Theory" Fee Awards
- Florida DOC Clears Itself of Racism Charges
- Race-Based Religious Policy Unconstitutional
- Family of BOP Prisoner Awarded $1.1 Million in Wrongful Death Suit, by Ronald Young
- PLRA Bars Mental and Emotional Damages for Asbestos Exposure
- News in Brief
- Denial of Treatment for Two Hours Defeats Qualified Immunity
- Arizona Supreme Court Upholds Application of Gate Money Amendments
More from John E Dannenberg:
- California’s “Realignment” Law Sends 38,000 State Prisoners to County Control, Aug. 11, 2016
- Pennsylvania Prisoner Gets $12,500 in Retaliation Suit After Remittitur, Jan. 15, 2010
- Nebraska Muslim Prisoner Wins Religious Concessions, April 15, 2009
- Illegal Strip Searches During Minor Charges Net Sacramento Jail Detainees $1,000 Each, May 15, 2007
- California: Knowing Waiver of Conduct Credits at Plea Agreement Controls Upon Later Probation Violations, May 15, 2007
- Arizona Internet Ban Permanently Enjoined, May 15, 2007
- California: "Mailbox Rule" Extended to Civil Complaints Against Public Entity, May 15, 2007
- California Attorney Richard Dangler Sanctioned for "Shameful, Frivolous" Prisoner Appeals; Resigns, May 15, 2007
- PLN Wins FOIA Suit to Gain Copies of BOP Verdicts and Settlements without Charge, Sept. 15, 2006
- Supreme Court: Banning Publications to Punish Recalcitrant Prisoners Trumps Their First Amendment Rights, Sept. 15, 2006
More from these topics:
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- 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.
- Arkansas Bans Outside Reading Material Sent to Prisons, Feb. 1, 2026. Reading Materials, Publications/Books, Banned Book Lists, Censorship, Securus.
- $4 Million Verdict Returned in Colorado Jail Suicide Case, Nov. 1, 2025. Damages, Failure to Train/Supervise, Suicides, 42 U.S. Code § 1983, civil action for deprivation of rights, Monell Liability.
- $3.6 Million Paid by Minnesota County After Hemophiliac Jail Detainee Died from Brain Bleed, Nov. 1, 2025. Systemic Medical Neglect, Settlements, Americans with Disabilities Act, Medical Neglect/Malpractice, Deliberate Indifference.
- Seventh Circuit Revives Disabled Prisoner’s Claims Related to Missing 600 Meals in a Year, Oct. 1, 2025. Disabled Prisoners, Systemic Medical Neglect, Failure to Treat, Food, Americans with Disabilities Act.
- Tenth Circuit Ruling Paves Way for $2.7 Million Settlement for Intellectually Disabled Jail Detainee Raped by Sheriff, Aug. 1, 2025. Staff-Prisoner Assault, Jail Misconduct, Americans with Disabilities Act.
- Washington Jail Settles DOJ Allegations of ADA Noncompliance in Failure to Treat Opioid Use Disorder, July 15, 2025. Drug/Alcohol Withdrawal, Americans with Disabilities Act, Drug Treatment/Rehab.
- Wisconsin DOC Agrees to Improve Services for Hearing-Impaired Prisoners, April 1, 2025. Deaf Prisoners, Disabled Prisoners, Service, Americans with Disabilities Act.
- Tennessee DOC Found in Violation of ADA With Failure to Accommodate Hearing Impaired Prisoners, Feb. 15, 2025. Deaf Prisoners, Americans with Disabilities Act, Class Actions, Policy Considerations.