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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
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- 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
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- 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
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- New York Prisoner Beaten, Guards Convicted, GEO Settles Suit for $80,000, by Matthew Clarke
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- The Politics of Death: Throwing Mumia Abu-Jamal Under the Bus, by Dave Lindorff
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- News in Brief:
More from Matthew Clarke:
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- Federal Court Places Medical Care in Arizona Prisons Under Receivership, May 1, 2026
- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026
- Texas Moves to Restrict Cashless Bond and Reverse Federal Court-Ordered Misdemeanor Bail Reform, May 1, 2026
- In Texas, Harris County Commissioners Approve $1.2 Million for Fourth Study of Jail Since 2020 After Dozens of Abuse Allegations, April 1, 2026
- Texas Attorney General Clarifies Scope of Statute Requiring Outside Agency Investigation of Jail Deaths, April 1, 2026
- D.C. Judge Blocks Transfer of Biden-Commuted Federal Death Row Prisoners to “Supermax,” Citing Lack of Meaningful Due Process, April 1, 2026
- Eighth Circuit Revives Lawsuit Over Iowa Jail Detainee’s Suicide, April 1, 2026
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More from these topics:
- Fourth Circuit Revives North Carolina Prisoner’s Suit Blaming Lazy Guards for Assault by Detainee, May 1, 2026. Failure to Protect (General), Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Cruel and Unusual Punishment, Deliberate Indifference.
- 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.
- $2.75 Million Paid by Washington County and NaphCare for Jail Detainee’s Suicide, April 1, 2026. Naphcare, Qualified Immunity, Medical Neglect/Malpractice, Suicides, Deliberate Indifference.
- $10.3 Million Paid for Teen’s Death at Kansas Juvenile Detention Facility, April 1, 2026. Restraints, Qualified Immunity, Excessive Force (Wrongful Death), 42 U.S. Code § 1983, civil action for deprivation of rights, Wrongful Use of Force.
- Constitutional Challenge to Louisiana Prison “Farm Line” Granted Class Certification, March 1, 2026. Prison Labor, Exposure to Heat, Injunctions (PLRA), Class Certification, Americans with Disabilities Act.
- Eighth Circuit Revives Case Against Guards Who Failed to Intervene As Chaplain Sexually Assaulted Arkansas Prisoner, March 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Prison Rape Elimination Act, Qualified Immunity, Failure to Train/Supervise.
- 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.
- Louisiana Prisoner Sustains Claim Against Prison Doctor for Allowing Assignment to “Field Duty” Despite Known Ankle Injury, March 1, 2026. Inability to Work, Skeletal Injury, Summary Judgment, Qualified Immunity, Deliberate Indifference.
- Tenth Circuit Affirmed Denial of Guards Qualified Immunity in Disabled Detainee’s Fourteenth Amendment Claim, March 1, 2026. Failure to Treat, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- Michigan Claws Back $1.2 Million Paid to Wrongfully Convicted Former Prisoner, Feb. 1, 2026. Police Misconduct, Wrongful Imprisonment, Qualified Immunity, Forensic Sciences, Fabrication of Evidence.

