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Article • July 15, 2007 • from PLN July, 2007
California Lifers’ Parole Reversals Tossed by Two State Appellate Courts by Marvin Mentor California Lifers' Parole Reversals Tossed by Two State Appellate Courts by Marvin Mentor An infirm, 82-year-old lifer's reversal by Governor Schwarzenegger of the Board of Parole Hearing's (BPH) grant of parole was itself overturned by the California …
Washington DOC Pays $2,500 to Settle Disabled Discrimination Suit by Bart Blackburn, a prisoner confined at Washington State Penitentiary, was paid $2,500 in 1999 by the Washington Department of Corrections. Blackburn, a disabled person with bi-polar disabilities and a hearing impairment was denied access to transfer to a lesser custody. …
Prisoners Entitled To Court Access, Can't Be Forced To Work if Disabled by The 5th Circuit has held that prisoners have an actual right to litigate as do other supplicants and that petitioner who submitted a § 1983 lawsuit was entitled to pursue his cause of action even after the …
Need for New Prosthesis is Serious Medical Need by A New Jersey federal district court held that the failure to provide a pretrial detainee with a prosthesis is deliberate indifference to a serious medical need. This action was filed by a pretrial detainee against officials at New Jersey's Cape May …
Article • May 15, 2007
Paraplegic Granted Injunction Requiring Proper Medical Treatment by A Kansas federal district court granted a prisoner at the Kansas State Penitentiary a preliminary injunction requiring prison officials to provide him with proper medical treatment. The prisoner was confined at the Wyandotte County Jail, when a guard appeared and without warning …
Article • May 15, 2007
Paraplegic Prisoner's Medical Neglect Claim Upheld on Appeal by The U.S. Court of Appeals for the Sixth Circuit affirmed the judgment of the U.S. District Court, Western District of Tennessee, in a lawsuit filed by Larry M. Leach, a paraplegic prisoner. Leach sued the Mayor and Sheriff of Shelby County …
Injunction Against Corrections Department Affirmed; Presumption Ancillary to Injunction by Injunction Against Corrections Department Affirmed; Presumption Ancillary to Injunction The U.S. Ninth Circuit Court of Appeals affirmed a contested permanent injunction issued by the U.S. District Court, Northern District of California, against the California Department of Corrections (CDC), to remedy …
Wisconsin Prisoner's ADA Claim Proceeds; Counsel Appointed by A Wisconsin federal district court has allowed a prisoner at the Stanley Correctional Institution (SCI) to proceed on his claims under the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213 (ADA). The Court also appointed the prisoner counsel. Wisconsin prisoner …
Injunction Against California DOC Precluded By PLRA, Turner by In this unpublished ruling the U.S. Court of Appeals for the Ninth Circuit held that the California Department of Corrections (CDC) did not have to comply with plaintiffs' proposed modifications to its procedures for housing and screening disabled prisoners and that …
Jury Awards $136,501 to Handicapped Michigan Prisoner Sent to Virginia Prison by Dwayne Hubbard, a one-legged Michigan state prisoner was sent to a Virginia prisoner due to overcrowding. The Virginia prison had no accommodations for his handicap. He fell and injured his back in the shower. The Virginia guards made …
Job Discrimination Due to Disability from Hepatitis-C Treatment Violates California Worker's Rights by Job Discrimination Due to Disability from Hepatitis-C Treatment Violates California Worker's Rights by John E. Dannenberg A California Department of Corrections and Rehabilitation (CDCR) stationary (plant maintenance) engineer who suffered from Hepatitis-C (HCV) sued for disability discrimination …
$145,000 Verdict in Retaliatory Transfer Case by While at a Michigan prison work camp, prisoner Gerald L. Petrowski committed a major infraction, resulting in transfer to a high security level prison. Petrowski had a preexisting foot deformity that prevented him from wearing regulation prison shoes. At the new prison Petrowski …
Article • May 15, 2007
Class of Disabled Riders Certified by A 6% rate of denial of requests for transportation for the disabled is "substantial"; the court notes that rides are regularly denied, "not for reasons outside defendants' control, but because of a lack of available seats, which in turn is attributable to defendants' insufficient …
Article • May 15, 2007
Disability Not Required for Disability Discrimination Student Plaintiffs by A student asserting disability discrimination in education need not show a learning disability. At 147: "It was sufficient to demonstrate that [she] was substantially limited in a major life activity of central importance to her daily life. . . . There …
Alcoholism is a Disability by Alcoholism is an "impairment" under the disability statutes; to be a disability, an impairment must substantially limit one or more major life activities, and the impact must be "permanent or long-term." Major life activities include caring for one's self, performing manual tasks, walking, seeing, hearing, …
ADA Group Home Suit Not Moot by The plaintiffs' claim against a fire department of disability discrimination against a group home was not mooted by its changed interpretation of the fire code, since the interpretation might change back. At 574: "The defendant's burden is a heavy one to ensure the …
Article • May 15, 2007
Texas Supreme Court Remands Prison Applicant's Disability Discrimination Claim by On October 15, 2004, the Texas Supreme Court held that a material fact issue as to whether an unsuccessful job applicant had a physical impairment that substantially limited at least one major life activity precluded summary judgment for the Texas …
Article • May 15, 2007
Mental Health Arrests Okay by An individual subject to a "mental hygiene pickup" after what appeared to be a suicide attempt, joined by an advocacy group for the disabled, alleged that treating such pickups as arrests by using the same form as for criminal arrests discriminated against the mentally disabled. …
Disabled Prisoner's Handcuffing Suit Proceeds to trial Under RA by The plaintiff alleged that he was injured when prison staff ignored an order to handcuff him in front because of a medical problem with his shoulder, which he said resulted in dislocation of his shoulder. The plaintiff alleged a violation …
Color Blindness is Major Life Activity Under ADA by Color Blindness is Major Life Activity Under ADA The plaintiff bus driver was found to be color blind and was told to resign or be terminated. He sued under the ADA, alleging that he was regarded by the Transit Authority as …
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