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First Circuit Holds ADA Title II Abrogated State Sovereign Immunity

Loaded on April 15, 2004 by Bob Williams published in Prison Legal News April, 2004, page 15
Filed under: Disabled Prisoners, Nervous System, Muscular, Damages, Americans with Disabilities Act, Immunity/Liability, Eleventh Amendment Immunity, Sovereign Immunity. Location: New Hampshire.
The First Circuit court of appeals has held that Title II of the Americans with Disability Act (ADA), as applied in this case, abrogates state sovereign immunity. There is now a 6-3 split in the circuits on this issue.


Matthew Kiman, a former New Hampshire state prisoner, suffers from amyotrophic …

 

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  1. Jails for Jesus, by Samantha M. Shapiro
  2. City Immune in California Drunk Tank Beating Suit Because Prisoner Was Criminal, Not Civil Detainee
  3. Kansas Gift Subscription Ban Rejected by State Court But Upheld By Federal Court, by John E Dannenberg
  4. From the Editor, by Paul Wright
  5. Alabama Restores Voting Rights to Some Ex-Prisoners
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  7. PLRA Fee Payments Cease Upon Release from Prison
  8. Thirty-Two Years of Resistance: Free the Angola Three!, by Shana Griffin
  9. Thirty Years in Segregation May State Claim, by Michael Rigby
  10. First Circuit Holds ADA Title II Abrogated State Sovereign Immunity, by Bob Williams
  11. Prison Nation Wins Human Rights Award
  12. BOP, FBI Investigations in Texas, Oregon, Arizona, and California Federal Prisons, by Michael Rigby
  13. Sixth Circuit: Claims Against Parole Procedures Cognizable Under § 1983
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  15. $475,000 Settlement for Wrongly Convicted Indiana Ex-Con
  16. Eighteen Indicted for Drug Smuggling and Weapons Possession Inside Puerto Rican Prisons, by Lonnie Burton
  17. Brooklyn MDC Guard Pleads Guilty to Raping Prisoner
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  20. Asset Forfeiture Defense Manual, by John E Dannenberg
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  23. Mississippi Death Row Conditions Unconstitutional; Sweeping Reforms Ordered, by Bob Williams
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  28. Brief Statement of Operative Facts Satisfies Texas Pleading Requirement
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  32. A Culture of Prosecutorial Misconduct, by Peter Schmidt
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  35. Impeding Grievance Exhaustion May Violate Access to Courts
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  40. Washington DOC/King County Settles Negligent Supervision Case for $3.1 Million
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