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Brief • June 20, 2001
Barham v. Pierce County, WA, Claim, ADA Discrimination Firing, 2001 Ulj/l\J/.':J1 . TUr; lJ:Jkt ~::>J·/}JOt.U1J to"Ju'. ' ~vv"- . -' RECEIVED ~.O·-"IM . ol1"o~ K, CLAIM FOR DAMAGES r~ R'&wAnut: ~ ~ 'PIERC~1G.0UNTY RISK MANAGEMENT DEPARTMENT Jl.lfJ 2 \l '}ilO' ~ JUN 202001 955 Tacoma Avenue SOuth, Suite 303 Tacoma, …
ADA Settlement at Washington Special Commitment Center by Hank Balson By Hank Balson In December 2000, the Washington Department of Corrections (DOC) and the Washington Department of Social and Health Services (DSHS) settled a lawsuit brought by seven disabled residents of the Washington Special Commitment Center (SCC), the state's civil …
Supreme Court Restricts ADA by Roger Smith The U.S. Supreme Court overruled an Eleventh Circuit Court of Appeals decision allowing disabled persons to sue State employers for money damages in federal court under Title I of the Americans With Disabilities Act (ADA). 42 U.S.C. § 12112. The 54 majority held …
Publication • 2001
Filed under: 1964 Civil Rights Act
Municipal Liability Under 42 U.S.C. 1983 and the Ratification The Journal of Legislation Volume 27 | Issue 2 Article 5 5-1-2001 Municipal Liability under 42 U.S.C. 1983 and the Ratification Theory of City of St. Louis v. Praprotnik: An Analysis of Federal Circuit Treatment;Note Jack C. Hanssen Follow this and …
Article • May 15, 2001 • from PLN May, 2001
Voluntary Agreement with MINNCOR Not Enforceable Contract by Voluntary Agreement With MINNCOR Not Enforceable Contract A state court of appeals in Minnesota has held that the Voluntary Agreement signed by prisoners laboring under MINNCOR's administration is not an enforceable contract. Kenneth Murray, a Minnesota state prison, filed suit in state …
FTCA, Bivens Claims in Beating Suit Proceed in Bifurcated Trial by Orlando Ortiz, a pretrial detainee, brought action for use of excessive force during a pat search under the Federal Tort Claims Act, 28 U.S.C. §26722680 (FTCA), and Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, …
Article • March 15, 2001 • from PLN March, 2001
Federal Religious Freedom Law Passed by On July 27, 2000, Congress unanimously enacted Senate Bill 2869, the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), which was signed into law by president Clinton, as a public law 106-274. The bill passed congress in two weeks and tries to …
Article • February 15, 2001 • from PLN February, 2001
Yeskey Dismissed on Remand by In the September, 1998 issue of PLN we reported Pennsylvania DOC v. Yeskey, 118 S.Ct. 1952 (1998) in which the United States supreme court held that prisons and jails are included in the coverage of the Americans with Disabilities Act, (ADA) 42 UJ.S.C. S 12131-12165. …
NY DOCS Guard Nets $300,000 for ADA Retaliation by The U.S. court of appeals for the Second Circuit held that the absence of a finding of disability in a guard's Americans with Disabilities Act (ADA) claim did not preclude a finding that the guard's employer retaliated against him for bringing …
Article • December 15, 2000 • from PLN December, 2000
WA 35% Seizure Statute Ruled on by Ninth Circuit by Paul Wright By Paul Wright The court of appeals for the Ninth circuit upheld the constitutionality of a Washington state statute that allows the Washington Department of Corrections (DOC) to seize 35% of all money sent to prisoners from sources …
$16 Million Agreement to Revamp NJ Prison Mental Health Care by A federal district court in New Jersey has approved a $16 million settlement in a class-action suit against state prison officials for constitutionally deficient prison mental health care. Patricia P. Pearlmutter, assistant professor of clinical law at the Center …
FTCA Claims May Be Brought Only Against U.S. by A federal district court in North Carolina held that Federal Tort Claims Act (FTCA) claims could be brought against the United States, but not against the Federal Bureau of Prisons (BOP), a correctional institution, or the institution's medical staff. The court …
NY School-Age Prisoners Entitled to Educational Services by New York City school-age prisoners were granted declaratory judgment establishing defendants' liability for failure to provide adequate general and special educational services to class members at the Rikers Island facility. Plaintiffs in this class action § 1983 suit are 16- to 21-year-old …
Disabled Prisoner Survives Summary Judgment by A federal district court in Kansas held that jail officials were not entitled to qualified immunity with respect to their treatment of a double amputee prisoner, and denied defendant's motion for summary judgment on all claims. Tracy Schmidt, without both legs below the knees, …
HIV+ Detainee States Conditions Claim by A federal district court in Indiana held that an HIV positive detainee was entitled to a trial to resolve his claims over inhumane conditions of confinement and discrimination due to his HIV status. Edward Roop was arrested on a warrant after arguing with a …
Administrative Exhaustion Required in Bivens Suits by The court of appeals for the Sixth Circuit ruled that federal prisoners filing Bivens suits must exhaust all administrative remedies regardless of whether or not they are seeking money damages. As previously reported in PLN, the Fifth, Ninth and Tenth circuits have held …
Sweeping ADA/RA Jail Settlement Benefits Hearing Impaired Prisoners by by Matthew T. Clarke A federal district court in California has approved a sweeping settlement of hearing impaired prisoners' claims in a civil rights, Americans with Disabilities Act (ADA), and Rehabilitation Act (RA) class-action suit against the Santa Clara County (California) …
Brown v. ID DOC, ID, Complaint and Demand for Jury Trial, ADA Medical Care Denial, 2000 "" 7"" I)F 1.n-ii COMPREHENSIVE ADVOCACY. INC. 845 West Center, CI07 Pocatello, ID 83204 Telephone. (208) 232..Q922 Facsimile (208) 232..Q938 Amy Cunningham, Attorney for Plaintiff, Douglas Brown UNITED STATES DISTRICT COURT FOR THE OISTRICTOF …
Brown v. ID DOC, ID, Complaint, Paraplegic Disabled Prisoner Neglect, 2000
Slave Labor O.K. FLSA Does Not Apply to Detainees by by Matthew T. Clarke The Third Circuit court of appeals has held that detainees who won their appeals, but the state appealed further, are still "duly convicted" detainees for purposes of the Thirteenth Amendment's prohibition on slavery, even if the …
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