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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
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.
Filed under:
Disabled Prisoners,
Nervous System,
Muscular,
Damages,
Americans with Disabilities Act,
Immunity/Liability,
Eleventh Amendment Immunity,
Sovereign Immunity.
Location:
New Hampshire.
Matthew Kiman, a former New Hampshire state prisoner, suffers from amyotrophic ...
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More from this issue:
- Jails for Jesus, by Samantha M. Shapiro
- City Immune in California Drunk Tank Beating Suit Because Prisoner Was Criminal, Not Civil Detainee
- Kansas Gift Subscription Ban Rejected by State Court But Upheld By Federal Court, by John E Dannenberg
- From the Editor, by Paul Wright
- Alabama Restores Voting Rights to Some Ex-Prisoners
- Another Death in a Wisconsin Prison, by Gary Hunter
- PLRA Fee Payments Cease Upon Release from Prison
- Thirty-Two Years of Resistance: Free the Angola Three!, by Shana Griffin
- Thirty Years in Segregation May State Claim, by Michael Rigby
- First Circuit Holds ADA Title II Abrogated State Sovereign Immunity, by Bob Williams
- Prison Nation Wins Human Rights Award
- BOP, FBI Investigations in Texas, Oregon, Arizona, and California Federal Prisons, by Michael Rigby
- Sixth Circuit: Claims Against Parole Procedures Cognizable Under § 1983
- Disarray in Colorado: Prisoners Hurt by Host of Problems, by Bob Williams
- $475,000 Settlement for Wrongly Convicted Indiana Ex-Con
- Eighteen Indicted for Drug Smuggling and Weapons Possession Inside Puerto Rican Prisons, by Lonnie Burton
- Brooklyn MDC Guard Pleads Guilty to Raping Prisoner
- New York Prisoner Awarded $435,000 in Tire Accident
- The Soft Cage: Surveillance in America, From Slave Passes to the War on Terror, by Scott Christianson
- Asset Forfeiture Defense Manual, by John E Dannenberg
- California Parole Violators' Due Process Rights Upheld in Settlement
- Former Warden and Two Jailers Sentenced for Philadelphia Jail Beating
- Mississippi Death Row Conditions Unconstitutional; Sweeping Reforms Ordered, by Bob Williams
- Constitutional Amendment Effort Launched to Bar Florida's Prison Privatization, by David Reutter
- Canadian Prisoner Dies After Drinking Drug-Laced Vomit, Others Charged, by Michael Rigby
- Permanent Injunction Requires Full HCV Retreatment for Florida Prisoner, by John E Dannenberg
- Disabled Missouri Prisoner Awarded Backpay after Passing GED Test
- Brief Statement of Operative Facts Satisfies Texas Pleading Requirement
- Texas Prisoners Have Right to Judicial Review of Administrative Finding
- Jail Rape Results in Reduced Sentence
- Court Questions Federal Assault Conviction on Private Prison Guard
- A Culture of Prosecutorial Misconduct, by Peter Schmidt
- California Presentencing Credits Upheld For Jail Time in Another County, by John E Dannenberg
- Blind Prisoner Must Exhaust Administrative Remedies
- Impeding Grievance Exhaustion May Violate Access to Courts
- § 1983 Disciplinary Challenge Available to Parolee Because Habeas Would Be Moot, by John E Dannenberg
- Mentally Incapacitated Oregon Pretrial Detainees Denied Due Process
- Virginia Drug Treatment Program Still Violates Establishment Clause
- $108,352 Attorney Fee Award Approved in California Prisoner ADA/RA Suit, by John E Dannenberg
- Washington DOC/King County Settles Negligent Supervision Case for $3.1 Million
- Fighting for Fair Phone Rates, by Deborah M Golden
- Supplemental Parole Violation Warrant Filed After Sentence Expiration Illegal
- California Initial Cell Assignments By Race Upheld, U.S. Supreme Court Grants Review, by John E Dannenberg
- Wisconsin Pro Se Co-Plaintiffs Must Maintain Separate § 1983 Actions
- County May Be Liable for Private Prison's Customs and Policies, by Bob Williams
- News in Brief
- Prior To Reversal And Reconviction, California Prison Credits, Not Jail Credits, Apply
- Prison Mailbox Rule Applies to Civil Rights Complaint, by Jon Michael Withrow
More from Bob Williams:
- Ninth Circuit Reverses Suit Over Fees Charged Prepaid Debit Cards Given To Released Prisoners, April 1, 2020
- Safety at Any Price - Massachusetts Corrections Fiscal Failure , Sept. 22, 2015
- Tenth Circuit: Heck Not Applicable To Diversions; Notice Required Before Statute Of Limitations Dismissal, July 3, 2015
- No Rehearing For Disciplinary Actions Vacated On Substantive Grounds, July 15, 2011
- Treatment Required For Prisoners Committing Sex Offenses In Prison, July 15, 2011
- Tenth Circuit Reverses Lawsuit on Hygiene Versus Court Access for Second Time, June 15, 2011
- Shrinking Budgets Force States to Cut Corrections Spending, March 15, 2010
- Maryland: Parole Supervision Fee Likely Does More Harm than Good, Feb. 15, 2010
- One of Every 11 Prisoners Now Serving Life Sentence, Feb. 15, 2010
- Pennsylvania Contractor Prohibited from Using State and Federal Funds for Religious Purposes, April 15, 2009
More from these topics:
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- Hearing-Impaired Massachusetts Prisoners Win ADA Case, July 1, 2024. Deaf Prisoners, Americans with Disabilities Act.
- Texas Bankruptcy Court Rejects Proposed Settlement of Prisoner Claims Against Corizon Health, June 1, 2024. Corizon, Malpractice, Damages, Bankruptcy.
- Over $71,000 Awarded to Michigan Prisoner for Sexual Abuse by Guard, June 1, 2024. Staff-Prisoner Assault, Attorney Fee Awards, Damages.
- $500,000 Jury Award Cut to $250,000 for Pennsylvania Prisoner Brutally Beaten by Guards, June 1, 2024. Guard Brutality/Beatings, Damages, Opinions and Expert Testimony.
- $700,000 Jury Verdict for Wisconsin Prisoner Denied Due Process in Disciplinary Hearing, June 1, 2024. Work Release, Hearing Officers, False Charges (Disciplinary Hearings), Escapes, Damages.
- Wyoming Supreme Court Grants Immunity to DOC in Prison COVID-19 Vaccine Mix-Up, May 1, 2024. Medication, COVID-19, Immunity/Liability.
- $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.