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Fifth Circuit Rules on Prisoner’s ADA Claim; Issues Superseding Opinion
Loaded on Aug. 15, 2012
published in Prison Legal News
August, 2012, page 36
On October 14, 2010, the Fifth Circuit Court of Appeals found that Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132, does not abrogate a state’s sovereign immunity when the misconduct complained of does not violate the Fourteenth Amendment. In a May 2011 superseding opinion following ...
Filed under:
Americans with Disabilities Act,
Immunity/Liability,
Sovereign Immunity.
Location:
Mississippi.
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More from this issue:
- Federal Sex Offender Civil Commitment Process Under Fire, by Derek Gilna
- Ethics Complaint Against Former Oregon Prison Official Dismissed
- From the Editor, by Paul Wright
- Maryland Women Prisoners Sew Commemorative 1812 Flags
- Hawaii Audit Finds Offenders Rarely Pay Restitution Owed
- Prisoner Lacked Standing to Challenge Georgia’s Failure to Send Absentee Ballot to Jail
- Federal BOP to Let Prisoners Have MP3 Players
- $975,000 Award to Former Prisoner Who Gave Birth in Seattle, Washington Jail
- California Pays $295,000 to Settle Religious Discrimination Lawsuit by Sikh Barred from Employment as Prison Guard
- California Supreme Court Restricts Lifer Parole Challenges
- CA Court of Appeal: Documents Identifying Suppliers of Execution Drug are Public Records
- Florida Town Rallies to Stop CCA Immigration Detention Facility, by David Reutter
- PLN Settles Censorship Suit Against Sacramento County, California Jail
- U.S. Supreme Court Holds AG Rules Required Before SORNA Sex Offender Law is Applied Retroactively, by Derek Gilna
- New Mexico Sheriff Sentenced for Selling County Property on eBay
- Former Florida Sheriff Cleared in Theft Investigation and PHS Contract Fraud Suit
- Eleventh Circuit Upholds Florida DOC’s Ban on Pen Pal Solicitations, by David Reutter
- $50 Million in Grants Targets HIV in the Criminal Justice System
- Pro Se Virginia Prisoner Settles Religious Exercise Suit
- $3.5 Million Settlement in Teen’s Death at New York Juvenile Facility
- Texas Legislator Uses Prisoner-Made Goods as Gifts for Campaign Contributors, by Matthew Clarke
- Texas: Helping HIV+ Prisoners Receive Post-Release Meds
- BOP’s RDAP Program Unevenly Administered and Unnecessarily Costly, by Brandon Sample
- Florida Reports Indicate Restoration of Civil Rights Reduces Recidivism, by David Reutter
- Tenth Circuit Holds Sex Offenders Who Leave U.S. Must Still Register, by Derek Gilna
- Tainted Chicken Sickens Hundreds of Prisoners, Staff at Pennsylvania BOP Facility
- ACLU Challenges “Jail or Church” Program in Alabama
- “Fusion Centers” Gather Intelligence on U.S. Citizens, by Derek Gilna
- Kentucky Supreme Court Adopts Mailbox Rule Retrospectively
- Termination from Drug Treatment Program Fails to State Liberty Interest Claim
- California: ADA Protections Again Extended to Disabled State Prisoners Held in County Jails
- State Awarded Statutory Attorney Fees, Costs for Dismissed Washington PRPs, by Mark Wilson
- Fifth Circuit Rules on Prisoner’s ADA Claim; Issues Superseding Opinion
- Fourth Circuit: Where Offer of Judgment is Silent as to Costs, Prevailing Party Entitled to Recover Attorney’s Fees
- Ninth Circuit Grants Qualified Immunity to California Prison Officials for Denial of Outdoor Exercise During Lengthy Lock-down
- Tenth Circuit Affirms Denial of Qualified Immunity to Oklahoma Jail Official Who Failed to Follow Prescribed Medical Instructions
- First Circuit Holds that Delay in Treating HIV May Constitute Deliberate Indifference
- New York Court of Appeals Holds Sex Offense Does Not Prove Parental Neglect
- New Jersey Appellate Court Holds Attorneys for Female Prisoners Temporarily Transferred to All-Male Facility May be Entitled to Fees
- Single Incident of Deliberate Indifference Insufficient to Establish Policy or Custom
- Texas Teenager Killed at Private Juvenile Detention Center, by Matthew Clarke
- No Good Time for Time Spent in State Custody before Imposition of Federal Sentence
- Ninth Circuit Holds BOP Individual RDAP Determinations Not Subject to Judicial Review
- Washington State Court of Appeals Holds Payments to Class II Prison Workers Are “Wages” for Time-Loss Compensation Calculations, by Matthew Clarke
- Georgia Court Clerk Liable for Failure to Inform Prison Officials of Sentence Reduction
- Florida Death Row Prisoners Cannot Challenge Sentence Pro Se
- Former Mississippi Mayor Charged with Sexually Assaulting Prisoner
- “Voluntary” Work Program in Private Detention Centers Pays Detained Immigrants $1 a Day, by Yana Kunichoff
- Vermont DOC Disbands Citizens’ Advisory Group that Critics Called “Window Dressing” for Transparency, by Ken Picard
- News in Brief
More from these topics:
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- DOJ Settles Complaints About Conditions for Disabled Detroit Jail Detainees, Feb. 15, 2025. Disabled Prisoners, Systemic Medical Neglect, Malpractice, Conditions of Confinement, Americans with Disabilities Act.
- Eleventh Circuit Tells BOP Prisoner in Georgia: Bivens Is On “Endangered Species List”, Feb. 15, 2025. Staffing, Immunity/Liability, Staff Training, Bureau of Prisons (BOP), Civil Rights Actions or Offenses/Bivens Actions.
- Pennsylvania Prisoner Released from Solitary After 15 Years, Jan. 15, 2025. Disabled Prisoners, Settlements, Americans with Disabilities Act, Control Units/SHU/Solitary Confinement.
- ICE’s Deadly Force Problem: A Culture of Impunity, Nov. 1, 2024. Immunity/Liability, Excessive Force (Police), Immigration Law/Offenses.
- Eighth Circuit Holds Right to Self-Representation Is Not Forfeited Based Solely on Defendant’s Repeated Assertion of Frivolous ‘Sovereign Citizen’ Arguments, Sept. 1, 2024. Sovereign Immunity, Judicial or Administrative Orders, Self-representation.
- Hearing-Impaired Massachusetts Prisoners Win ADA Case, July 1, 2024. Deaf Prisoners, Americans with Disabilities Act.
- 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.