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CA ADA/RA Injunction Affirmed by In the September, 1997, issue of PLN we reported Armstrong v. Wilson , 942 F. Supp. 1252 (ND CA 1996) where a federal district court held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-34 and the Rehabilitation Act (RA), 29 U.S.C. § …
ADA and RA Suits Not Barred by 11th Amendment by The court of appeals for the ninth circuit held that the eleventh amendment does not bar suits under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131, or the Rehabilitation Act (RA), 29 U.S.C. § 794. Developmentally disabled prisoners …
ADA Applied to AR Jail by In the first ruling out of the eighth circuit on this issue, a federal district court in Arkansas held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 and the Rehabilitation Act (RA), 29 U.S.C. § 794, apply to state correctional facilities. …
ADA Applies to State Prisons by A federal district court for Pennsylvania held that the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101-12213, applies to state prisons. This is the second recently published opinion in this case. The first, Saunders v. Horn , 959 F.Supp. 689 (ED …
ADA/RA Apply to FL Prison Gain Time Issues; Suit Settled by ADA/RA Apply To FL Prison Gain Time Issues; Suit Settled A federal district court in Florida held that the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C § 12101 et seq., and Rehabilitation Act of 1973 (RA), 29 …
Article • September 15, 1998 • from PLN September, 1998
Washington Felon Voting Suit Proceeds by In the October, 1997, issue of PLN we reported Farrakhan v. Locke , a lawsuit challenging the felon disenfranchisement provisions of the Washington state constitution which prohibit convicted felons from voting. The defendants filed a motion to dismiss under Fed.R.Civ.P. 12(b)(6), arguing the suit …
Article • September 15, 1998 • from PLN September, 1998
ADA Roundup by After the U.S. Supreme Court granted review in Yeskey v. Pennsylvania DOC to decide whether the Americans with Disabilities Act (ADA) applied to state prisoners we stopped running articles on the ADA until the supreme court resolved this important question. Below are cases that were decided before …
U.S. Supreme Court Rules That ADA Applies to Prisoners by Paul Wright By Paul Wright On June 15, 1998, a unanimous United States supreme court held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132, applies to prisoners. In doing so the court resolved a split between the …
Gender Motivated Violence Act by In the December, 1994, issue of PLN we reported the enactment of the Gender Motivated Violence Act (GMVA), 42 U.S.C. § 13981 and suggested that prisoners and their attorneys consider using it in civil litigation for money damages. To date it does not appear that …
Youth in Washington Prisons Challenge Lack of Education by David C Fathi by David C. Fathi Youth incarcerated in the Washington Department of Corrections (WDOC) are challenging the state's failure to provide them with basic and special education, as required by state and federal law. The lawsuit, Tunstall v. Bergeson …
Race Requirement for Religion Struck Down by Afederal district court in Louisiana held that a prison rule allowing only ethnic Native Americans to engage in Native American Religious (NAR) practices was unconstitutional. Seven Louisiana state prisoners housed in a private prison operated by the Corrections Corporation of America (CCA) on …
Article • June 15, 1998 • from PLN June, 1998
Alabama HIV+ Prisoners Case Remanded Once Again for Proper RA Consideration by The court of appeals for the eleventh circuit held that prisoners asserting a claim to Rehabilitation Act (RA) protection had the burden of showing that they were "otherwise qualified" under the Act, or could be made so by …
Article • June 15, 1998 • from PLN June, 1998
Bureau of Prisons Sexual Abuse Suit Settled for $500,000 by On Tuesday, March 3, 1998, at 3:00 p.m., at the United States District Court in San Francisco, U.S. District Court Judge Thelton E. Henderson was presented with a settlement of a civil rights suit against the United States Bureau of …
New Jersey Mental Health Class Action Gains Momentum by Steve Vaccaro Afederal district court in New Jersey has upheld the claims of a statewide class of mentally ill prisoners against defendants' motions to dismiss and for summary judgment. The defendants are: officials of the New Jersey Department of Corrections; Correctional …
Pretrial Detainees Not Covered by FLSA by Pretrial Detainees Not Covered By FLSA The court of appeals for the eleventh circuit held that pretrial detainees who perform services at the direction of jail officials for the benefit of the facility are not covered by the federal Fair Labor Standards Act …
BOP Exceeds Statutory Authority in Denying Sentence Reduction by Afederal district court in the District of Columbia held that the Bureau of Prisons (BOP) had exceeded its statutory authority by defining "violent" offenses to preclude a sentence reduction for convictions the courts have consistently defined as "non-violent." In 1994 congress …
Article • April 15, 1998 • from PLN April, 1998
U.S. Liable for Loss of Prisoner's Property by Afederal district court in Kansas held that federal prisoners can properly seek damages for the negligent loss of their property by prison employees pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b), 2671, et seq. Warren Melvin, a federal …
Article • April 15, 1998 • from PLN April, 1998
Third Circuit Applies ADA to Prisoners; Supreme Court Grants Review by The court of appeals for the third circuit held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, applies to state prisoners. The supreme court later granted review to decide whether the ADA applies to state prisoners. …
AZ Jail's Discriminatory Treatment of Muslims Requires Trial by The court of appeals for the ninth circuit held that a district court erred when it granted summary judgment to jail officials regarding claims of discriminatory treatment by a Muslim jail prisoner. Benjamin Freeman was held in the Maricopa county jail …
Deaf Prisoners in Washington Seek Class-Wide Relief by David C Fathi by David C. Fathi, Jeff B. Crollard and Leonard J. Feldman Lawyers representing two deaf prisoners in a lawsuit against the Washington Department of Corrections (WDOC) are seeking to broaden the suit into a class action on behalf of …
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