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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 …
Article • May 15, 2007
Washington DOC Pays $10,810 in Wheelchair Discrimination Suit by In 1999, the State of Washington and the Department of Corrections paid Travis Sparr $10,810 dollars. Sparr, a double amputee above the knee, resided at Washington State Penitentiary in Walla Walla, Washington, when he was subjected to cruel and unusual punishment(s). …
KY Guards Found Liable in Denial of Medical Care. by The Sixth Circuit Court of Appeals held Hardin County, Kentucky was not liable in a prisoner's denial of medical care claim, but upheld an award against two guards. Prior to his incarceration in the Hardin County Jail, the prisoner had …
Arbitrary Censorship and Abuse of Disabled Prisoners Unlawful by The Sixth Circuit has held that the First Amendment protects prisoners from capricious interference with their incoming mail and that actual physical injury is not a requisite to show an Eighth Amendment violation of cruel and unusual punishment. George Parrish and …
Denial of Handicapped Shower Implicates ADA/RA & §1983 by A federal court in Oregon held that the state can be sued under Title II of the Americans with Disabilities Act (ADA) and under the Rehabilitation Act of 1973 (RA). The court also held that prison officials could be sued in …
Soverign Immunity Bars Prisoners ADA Damage Claim by The Third Circuit Court of Appeals has held that a prisoner is not entitled to bring a claim for damages in a suit under Title II of the American with Disabilities Act (ADA). This lawsuit was brought by New Jersey prisoner Oliver …
Prosecutors Immune for Seizing Arrestees Prosthetic Leg by The plaintiff was arrested. His leg prosthesis was confiscated as evidence (it had a bullet hole in it). The prosecutor refused to return it. At trial, both parties used the prosthesis as evidence. The judge declined to order the prosthesis returned after …
Supreme Court Defines Disabled Under ADA by Supreme Court Defines Disabled Under ADA The plaintiff worked in an auto plant and wound up with bilateral carpal tunnel syndrome and tendinitis, and later myotendinitis and thoracic outlet compression, resulting in restrictions on her ability to work (starting with no substantial lifting …
PLRA Doesn't Require Exhaustion of Non Prison Remedies by The plaintiff alleged that he was subjected to unconstitutional medical care for a spinal injury among other problems and that he was excluded from the prison's Unit for the Physically Disabled in violation of the Americans with Disabilities Act. The plaintiff …
$54,000 Attorney Fees Awarded in Indiana Disability Discrimination Suit by An Indiana federal district court has awarded $54,000 in attorney fees and costs in a prisoner's disability discrimination lawsuit. The award came after a $5,000 summary judgment settlement between the parties. James Kennington was arrested and booked into Indiana's Marion …
Eleventh Circuit Remands ADA and Section 1983 Claims for Amended Complaint by John Dannenberg Eleventh Circuit Remands ADA and § 1983 Claims for Amended Complaint by John E. Dannenberg In two similar cases, the Eleventh Circuit U.S. Court of Appeals issued orders remanding prisoner complaints of Georgia?s violations of Title …
Paraplegic States Claim over Ad-Seg Conditions by Paraplegic States Claim Over Ad-Seg Conditions The court of appeals for the Fifth circuit affirmed in part, reversed and remanded in part, numerous claims made by a paraplegic Texas state prisoner in administrative segregation. Prior panel rulings in this case are reported at …
Expert Witness Fees Allowed Under ADA and RA by The court of appeals for the Ninth circuit held that prevailing plaintiffs are entitled to full expert witness fees under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 and the Rehabilitation Act (RA), 29 U.S.C. § 794. The underlying …
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