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Sixth Circuit: No Eleventh Amendment Immunity When ADA Claim Includes Fourteenth Amendment Violations
Loaded on July 15, 2010
by Matthew Clarke
published in Prison Legal News
July, 2010, page 48
by Matt Clarke
Filed under:
Discrimination,
Disabled Prisoners,
Americans with Disabilities Act,
Eleventh Amendment Immunity,
Qualified Immunity.
Location:
Michigan.
On January 5, 2010, the Sixth Circuit Court of Appeals upheld a Michigan district court’s denial of Eleventh Amendment immunity for a claim involving both a violation of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131, et seq., and the Equal Protection Clause of the …
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More from this issue:
- Celebrity Justice: Prison Lifestyles of the Rich and Famous, by Matthew Clarke
- California Uses $1.08 Billion in Federal Stimulus Funds to Pay Prison Guard Salaries, by Michael Brodheim
- From the Editor, by Paul Wright
- New Medical Director at Texas Jail Previously Sanctioned
- U.S. Supreme Court to Review California Prison Population Reduction Orders, by John Dannenberg
- Florida Prison Psychiatrist Resigns; License Revoked Over Sex with Patient, by David Reutter
- Dallas County Jail Settles Three Medical-Related Suits for $795,000
- Florida’s Civil Rights Restoration Process Insufficiently Funded, by David Reutter
- Convictions Upheld in Appeal of Lynne Stewart, Attorney to Blind Sheikh, but Case Remanded for Resentencing, by Justin Miller
- Texas Youth Commission Ombudsman Resigns Following Smuggling Indictment, by Matthew Clarke
- Kentucky Lethal Injection Protocol Adopted in Violation of APA, by Brandon Sample
- Pennsylvania County Jail Settles Medical Indifference Suit for $55,000
- Eighth Circuit Upholds $2,501 Retaliation Judgment Against Arkansas Prison Guard
- Indiana Sex Offender Registration Law Can Not Be Retroactively Applied
- Valley Fever Cases at California Prison Increase in 2009
- Release Conditions Requiring Defendant to Tell Probation Officer about Romantic Relationships Vacated
- Only Three States in Compliance with Unfunded Federal Sex Offender Mandates, by Matthew Clarke
- DNA Exonerations in Georgia Result in Disparate Compensation Awards, by David Reutter
- Guilty Pleas in Angola Horse Selling Scheme, by David Reutter
- San Francisco Settles Wrongful Incarceration Cases for $7.5 Million, by Michael Brodheim
- Canyon County Jail in Idaho Settles Conditions Suit With Consent Decree and $190,000 in Attorney’s Fees, by Brandon Sample
- U.S. Senator’s Girlfriend, In-Law Get Department of Justice Jobs, by Brandon Sample
- U.S. Department of Justice Releases Report on HIV in Prisons
- South Carolina Settles Prisoner Stabbing Death Lawsuit for $47,500
- California County Jail Settles Wrongful Death Suit for $600,000
- Virginia Sheriff’s Office, PHS Settle Wrongful Death Suit for $1.6 Million
- CCA Pays $70,000 in Damages, Attorney Fees to Settle PLN Censorship Suit, by Alex Friedmann
- Prison-based Call Centers Open in Austria, India, by Matthew Clarke
- New York Prisoner Beaten, Guards Convicted, GEO Settles Suit for $80,000, by Matthew Clarke
- California Counties Vie to House ICE Prisoners, by Michael Brodheim
- New Jersey DOC Agrees to Let Prisoner Preach
- Erroneously Released Texas Prisoner Entitled to Credit on Sentence, by Matthew Clarke
- Media Agencies Intervene to Unseal Records in Prisoner’s Wrongful Death Suit, by Brandon Sample
- Sacramento County Partially Settles Taxpayer Suit Alleging Il-legal Conditions of Confinement in Juvenile Facilities, by Michael Brodheim
- Oregon Offers Early Release to Illegal Immigrants Who Consent to Deportation, by Michael Brodheim
- The Politics of Death: Throwing Mumia Abu-Jamal Under the Bus, by Dave Lindorff
- CMS Nurse Denied Summary Judgment for Failure to Treat Prisoner for Heat Illness;$400,000 Settlement Following Sixth Circuit Ruling, by David Reutter
- Wisconsin County Pays $750,000 to Settle Jail Sex Abuse Suit
- Marsy’s Law Enjoined in California, by Michael Brodheim
- Arkansas Federal Jury Awards $261,000 to Male Prisoner Raped by Male Guard
- One in Six HIV-Infected Americans Spent Time in Prison or Jail in 2006, by Michael Brodheim
- Houston Police Department Conducted Blood Draw Training on Prisoners, by Greg Dober
- Second Circuit Ruling in Post-9/11 Immigration Detention Case, by Matthew Clarke
- Massachusetts Supreme Judicial Court: Sheriff May Not Charge Jail Fees, by Matthew Clarke
- Former New York Corrections Commissioner Receives Four-Year Prison Sentence, by Matthew Clarke
- Sixth Circuit: No Eleventh Amendment Immunity When ADA Claim Includes Fourteenth Amendment Violations, by Matthew Clarke
- Georgia Officials Receive Prison Sentences in Charge-Fixing Scheme
- News in Brief:
More from Matthew Clarke:
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026
- Seventh Circuit Holds Federal Law Prohibits County Jail from Forcing Immigration Detainees to Perform Custodial Labor by Threatening Solitary Confinement, Aug. 1, 2026
- New Mexico Supreme Court Holds Corrections Department Regulations Do Not Exempt Use-Of-Force Documents from Public Records Disclosure, Aug. 1, 2026
- DOJ Issues Memorandum Over BOP Employees Abusing Their Law Enforcement Credentials to Illegally Purchase Personal Firearms, Aug. 1, 2026
- Seventh Circuit Upholds Summary Judgment Against Former Illinois Prison Guards Challenging Termination for Violating Use of Force Policy, Aug. 1, 2026
- Federal Court Issues Preliminary Injunction Barring Enforcement of Executive Order to Transfer Trans Women Prisoners to Men’s Prisons, Aug. 1, 2026
- Idaho Supreme Court Holds Indigent Parents Have Constitutional Right to Counsel at Public Expense, July 1, 2026
- Free Phone Calls Saved Prisoners and Their Families More than $600 Million, Report Finds, July 1, 2026
- California Appeals Court Holds Defendant Cannot Be Penalized for Failing to Appear at Sentencing When He Was Being Held in Another County’s Jail on Preexisting Charges, July 1, 2026
- SCOTUS Reverses Mississippi Capital Conviction, July 1, 2026
More from these topics:
- GAO Report on ICE Jail in Fort Bliss Finds Independent Failures, Sept. 1, 2026. Contractor Misconduct, Overcrowding, Security Systems, Americans with Disabilities Act, Immigration Detention.
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026. Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Qualified Immunity, Wrongful Use of Force.
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026. Strip Searches, Qualified Immunity, Fourth Amendment, rights, Suspicionless Searches.
- Report Highlights Shortage of Wheelchairs at Michigan Women’s Prison, Sept. 1, 2026. Disabled Prisoners, Medication, Systemic Medical Neglect, Staffing, Deliberate Indifference.
- Ninth Circuit Revives HRDC Challenge to Washington DOC Mail Restrictions, Aug. 1, 2026. Qualified Immunity, Publications/Books, Due Process, Censorship, First Amendment, rights.
- Detroit Pays $5.8 Million to Former State Prisoner Exonerated of Murder After 15 Years, Aug. 1, 2026. Wrongful Conviction, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Eyewitness Identification, Evidence - Failure to Disclose.
- $1.2 Million for Elderly Detainee Shoved Out the Door of Sacramento Jail by Guard, Aug. 1, 2026. Guard Brutality/Beatings, Americans with Disabilities Act, Rehabilitation Act, Failure to Treat (Mental Illness), 42 U.S. Code § 1983, civil action for deprivation of rights.
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026. Failure to Protect (General), Physical Injury Rule, Qualified Immunity, Informants (Failure to Protect), 42 U.S. Code § 1983, civil action for deprivation of rights.
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026. Corizon, Systemic Medical Neglect, Contagious Disease -- Misc., Qualified Immunity, Deliberate Indifference.
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026. Totality of Conditions, Eighth Amendment, Exercise, Summary Judgment, Qualified Immunity.

