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Disciplinary Hearing Witness Cannot be Denied Because of Prisoner's Race by The Ninth Circuit Court of Appeals held that although a California prisoner did not have a due process right to remain free from administrative segregation, he did have an equal protection right not to have a witness barred from …
Failure to Accommodate Blind Prisoner Violates ADA by A Florida federal district court has held that a private medical contractor, EMSA Correctional Care, Inc. (EMSA), and Sheriff Ken Jenne violated a blind prisoner's rights under the Eight Amendment and the American with Disabilities Act (ADA) when they failed to provide …
Summary Judgment Of Rehabilitation Act Suit Precluded By Fact Issues by The U.S. Ninth Circuit Court of Appeals held that genuine issues of material fact precluded summary judgment of a prisoner's suit under the Rehabilitation Act (RA) of 1973 against the Arizona Department of Corrections (ADOC). Nicki Aaron Bonner, a …
Article • May 15, 2007
Alcoholic WA Prisoners not Entitled to Individualized Treatment by The Washington Supreme Court held that prisoners were not entitled to "individualized comprehensive treatment modalities" for alcoholism. Four prisoners at the Washington State Penitentiary filed petitions for writs of mandamus, claiming that state law guaranteed them the right to comprehensive alcoholism …
Prisoner Regarded as Having Impairment Entitled to ADA and RA Protection by A Massachusetts federal district court held that the Americans with Disabilities Act (ADA) and the Rehabilitation Act (RA) applies to prisoners suffering from a heart condition and diabetes. The prisoner's suit alleged he was denied participation in educational …
Disabled Prisoner Claim Not Actionable Under Federal Civil Rights Action by State prisoner Timothy Reaves filed a State court action alleging claims under 42 U.S.C. § 1983, the Americans with Disabilities Act (ADA), and the U.S. and Massachusetts Constitutions. Reaves is a quadriplegic with a brain injury suffered in a …
Article • May 15, 2007
California Prisoner Shot In Leg and Denied Crutches Awarded $75,002 by On July 17, 1997, a jury in the U.S. District Court for the Northern District of California awarded $75,002 to a prisoner who was shot by a prison guard and deprived of medical equipment prescribed to help him walk. …
No Authority for ADA to Prohibit Fee for Disabled Parking Placards by The Commerce Clause does not empower Congress, via Title II of the Americans with Disabilities Act, to prohibit a $2.00 charge for placards authorizing the use of parking spaces reserved for the disabled. The court prescribes an "as …
Joe Arpaio: America’s Toughest Sheriff or Most Corrupt? by Alex Friedmann Joe Arpaio: America?s Toughest Sheriff or Most Corrupt? by Alex Friedmann Joe M. Arpaio, the head lawman over Maricopa County, Arizona, bills himself as "America's Toughest Sheriff." While "toughest" may be subject to debate (literally -- in September, 2006 …
Galloway v TYC, TX, 3rd Amended Complaint, juveniles disabilities legal aid assault, 2007 EXHIBIT “A” UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS JOSEPH GALLOWAY, individually, § § DANA BROCKWAY, as next friend of her § minor child, A.B., on behalf of all those similarly § situated, § § GLORIA …
New Hampshire Prisoner’s ADA Claim Survives Summary Judgment by New Hampshire Prisoner's ADA Claim Survives Summary Judgment The First Circuit Court of Appeals has reversed a New Hampshire federal district court's summary judgment order concluding that a prisoner failed to demonstrate that prison officials violated his rights under Title II …
Armstrong v Schwarzenegger, CA, Injunction, deaf disabled prisoner ad seg, 2007
L.A. County Settles With Abused Quadriplegic Prisoner For $46,000 by In February 2004, prisoner Joseph Burriss became exasperated waiting to make a phone call from the Los Angeles County Jail. Burriss, a partial quadriplegic, maneuvered his wheelchair towards a deputy and made a disparaging racial remark. The deputy responded by …
Brief • October 30, 2006
Cordero v DOC, CA, Order of dismissal, medical care denial ADA, 2005 se 1:05-cv-00268-0WW-DLB Document 37 Filed 10/30/2006 Page 1 of 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL CORDERO, 12 Plaintiff, 13 14 v. CALIFORNIA DEPARTMENT OF …
Nebraskas County Jails Neglect Mentally Disabled by Gary Hunter Nebraskas County Jails Neglect Mentally Disabled by Gary Hunter Nebraskas American Civil Liberties Union (ACLU) has revealed major problems in the state's county jails. Prisoners with physical handicaps, chronic illnesses and mental disabilities receive little or no healthcare in a state …
Connecticuts Mistreatment of Mentally Ill Prisoners and Detainees Enjoined by John Dannenberg Connecticuts Mistreatment of Mentally Ill Prisoners and Detainees Enjoined by John E. Dannenberg The Connecticut Department of Corrections (CDOC) entered into a settlement agreement in September 2005 that specified extensive changes to its policies for confining and treating …
Florida's Juvenile Justice: Convicted Sex Offender Rapes Disabled Youth in His Care by Once again, Florida's Department of Juvenile Justice (DJJ) is under close scrutiny for failing to protect a severely mentally disabled teenager from sexual abuse. At the center of this scandal is Robert, an orphan with the mind …
Eighth Circuit Upholds Denial of Compensatory/Punitive Damages; Physical by Injury Required in First Amendment Cases In a 2-1 decision, the Eighth Circuit of Appeals held that the Prison Litigation Reform Acts (PLRA) emotional injury bar on compensatory damages of 42 USC § 1997e(e) applies to First Amendment cases. The court …
Supreme Court: Prisoners' ADA Right to Sue for Damages Trumps State's Sovereign Immunity by by John E. Dannenberg The United States Supreme Court unanimously ruled that the private cause of action created by the Americans With Disabilities Act (ADA) (42 U.S.C. § 12131 et seq.), which permits disabled state prisoners …
Ninth Circuit Reverses Dismissal of ADA Suit for Failure to Exhaust by The Ninth Circuit Court of Appeals held that a district court erred in dismissing a California prisoners suit for failing to exhaust administrative remedies under 42 U.S.C. § 1997e(a) of the Prison Litigation Reform Act, (PLRA). Earl Butler, …
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