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Eighth Circuit Reverses Dismissal of Prisoner’s ADA/RA Claims
Eighth Circuit Reverses Dismissal of Prisoner’s ADA/RA Claims
by Mark Wilson
The Eighth Circuit has reversed in part the dismissal of a Missouri prisoner’s claims related to accommodation of his disabilities.
In 2004, Missouri Department of Corrections (MDOC) prisoner Robert Dinkins began suffering blackouts, weakness and difficulty walking. The prison …
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More from this issue:
- News in Brief
- Ninth Circuit: Abstention Inapplicable in First Amendment Cases, by Mark Wilson
- Tennessee Jail Breached Duty to Provide Medical Care; Damages Trial Ordered, by David Reutter
- Change in Florida Jail Policy Leads to Increased Homelessness, by David Reutter
- Prison Legal News Interviews Musician Wayne Kramer, by Paul Wright
- Eighth Circuit: Atheist Prisoner States Coerced Religious-Based Treatment Claim, by Mark Wilson
- Georgia’s High Court Finds No Categorical Right to Counsel in Civil Contempt Proceedings, by David Reutter
- GEO Group Rescinds $6 Million Donation to Name Stadium at Florida University, by David Reutter
- Private Prison Companies Reject Resolutions to Fund Rehabilitative, Reentry Programs
- Fifth Circuit Reverses Dismissal of Prisoner’s Suit Claiming Lack of Medical Care, by Matthew Clarke
- Prison Violence in Brazil Connected to Abuse, Gangs, Overcrowding
- Eighth Circuit Reverses Dismissal of Prisoner’s ADA/RA Claims, by Mark Wilson
- Misconduct at Washington State Civil Commitment Center as Concern Grows Over Releases, by David Reutter
- Georgia’s Execution Drug Secrecy Law Found Constitutional, by David Reutter
- Native American Prisoners Have Right to Tobacco in Religious Ceremonies, by David Reutter
- Ninth Circuit: Indefinite Stay and Denial of Guardian was Abuse of Discretion, by Mark Wilson
- For Shame! Public Shaming Sentences on the Rise, by David Reutter
- Book Review: Burning Down the House, by Nell Bernstein (The New Press, June 2014). 384 pages, $26.95, by Hannah K. Gold
- Second Circuit: Brady Claim Not Barred by Heck, by Mark Wilson
- Eighth Circuit: Ruling Required on Prison Officials’ Qualified Immunity Defense
- Eighth Circuit: Jail Guards Denied Summary Judgment for Use of Force against Detainees, by David Reutter
- Seventh Circuit: Dismissal due to Nonpayment of Filing Fee Requires Assessment, by Mark Wilson
- United States, Britain Offer Training to “Improve” Prison Conditions in Afghanistan
- California: Local Ordinances Banning Sex Offenders from Parks Invalidated, by Mark Wilson
- Montana: Extradition Costs Not Recoverable as Restitution, by Mark Wilson
- Life Sentences Spike in Recent Years – Especially in Utah
- Court Finds PLN’s Rights Violated by Arizona Jail; Case Settles for $15,293
- Eighth Circuit: Deliberate Indifference Standard GovernsMedical Care for Civilly Committed Detainees, by Mark Wilson
- Eighth Circuit: No Qualified Immunity for Jail Prisoner Raped in Unlocked Cell; $60,000 Verdict at Trial, by Mark Wilson
- Wisconsin Prison Guard Union Faces Challenges, by Derek Gilna
- Five Deaths in Eleven Months at California Jail Spark Grand Jury Probe
- Washington DOSA Revocation Requires Credit for Community Custody Time, by Mark Wilson
- Texas: $100 Medical Copay for Prisoners Generates Less Revenue than Expected, by Matthew Clarke
- Dialing with Dollars: How County Jails Profit From Immigrant Detainees, by Leticia Miranda
- From the Editor, by Paul Wright
More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
- Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
- Tenth Circuit Ruling Paves Way for $2.7 Million Settlement for Intellectually Disabled Jail Detainee Raped by Sheriff, Aug. 1, 2025. Staff-Prisoner Assault, Jail Misconduct, Americans with Disabilities Act.
- Washington Jail Settles DOJ Allegations of ADA Noncompliance in Failure to Treat Opioid Use Disorder, July 15, 2025. Drug/Alcohol Withdrawal, Americans with Disabilities Act, Drug Treatment/Rehab.
- Wisconsin DOC Agrees to Improve Services for Hearing-Impaired Prisoners, April 1, 2025. Deaf Prisoners, Disabled Prisoners, Service, Americans with Disabilities Act.
- Tennessee DOC Found in Violation of ADA With Failure to Accommodate Hearing Impaired Prisoners, Feb. 15, 2025. Deaf Prisoners, Americans with Disabilities Act, Class Actions, Policy Considerations.
- 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.
- Nebraska Pioneers Diversion Program to Help Arrested Veterans Avoid Jail, Jan. 15, 2025. Rehabilitation/Recidivism, Rehabilitation Act, Veterans.
- Pennsylvania Prisoner Released from Solitary After 15 Years, Jan. 15, 2025. Disabled Prisoners, Settlements, Americans with Disabilities Act, Control Units/SHU/Solitary Confinement.
- 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.
- $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.