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Ninth Circuit Holds California Prison Officials Responsible for Providing Reasonable Accommodations to Disabled Prisoners and Parolees Held in County Jails by In the latest chapter of a legal saga spanning 16 years, on September 7, 2010 the Ninth Circuit rejected a renewed attempt by California prison officials to shirk their …
Eighth Circuit Upholds Denial of Qualified Immunity on Medical Claims Against CMS by On July 20, 2010, the Eighth Circuit Court of Appeals affirmed in part a district court’s denial of summary judgment to prison officials on the medical claims of two Arkansas state prisoners. Arkansas Department of Corrections (ADOC) …
Article • November 15, 2011
Puerto Rico Independent Prison Medical Services Contractor Not Employee by On November 16, 2010, the First Circuit court of appeals upheld the ruling of a Puerto Rico federal court that an physician who was an independent contractor providing medical services in Puerto Rico prisons was not an employee of the …
Article • September 15, 2011 • from PLN September, 2011
California: Orange County Jail System Ordered to Remedy ADA Violations by Michael Brodheim by Mike Brodheim Following remand from the Ninth Circuit’s ruling in Pierce v. County of Orange, 525 F.3d 1190 (9th Cir. 2008) [PLN, Feb. 2009, p.34], U.S. District Court Judge Audrey B. Collins held on January 7, …
Armstrong v. Brown, CA, Order Granting Motion to Compel Attorney Fees, 2011 Case4:94-cv-02307-CW Document1919 1 Filed08/08/11 Page1 of 8 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 No. C 94-2307 CW JOHN ARMSTRONG, et al., 5 ORDER GRANTING PLAINTIFFS’ MOTION TO COMPEL COMPENSATION …
O'Neil, as next friend to the minor C.P,. v. Texas Dept. of Criminal Justice, et al., TX, settlement info, wrongful death, 2011 Case 2:10-cv-00003-J-BB Document 245 Filed 08/01/11 Page 1 of 3 PageID 2193 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION GAIL O’NEIL, …
Publication • June 30, 2011
Making Your Life Your Own: How Olmstead Expands Rights and Opportunities for People with Serious Mental Illnesses, Bazelon Center for Mental Health Law, 2011 Making Your Life Your Own How Olmstead Expands Rights and Opportunities for People with Serious Mental Illnesses Updated June 30, 2011 On June 22, 1999, the …
Texas Prison System Must Accommodate Hearing-Impaired Visitors by Matthew Clarke by Matt Clarke On December 2, 2010, a Texas federal court entered summary judgment in favor of a visitor to a state prisoner who had sued the Texas Department of Criminal Justice (TDCJ) for failing to adequately accommodate his disability. …
Blind Virginia Prisoner Settles Suit to Accommodate Disability by A blind prisoner has settled her federal lawsuit that claimed the Virginia Department of Corrections (VDOC) and Virginia Department of Correctional Education (VDCE) violated Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act by failing …
Statement of the Department of Justice on the Enforcement of the Integration Mandate of Title II of the Americans with Disabilities Act and Omstead v. L.C., U.S. Department of Justice, 2011 U.S. Department of Justice Civil Rights Division Statement of the Department of Justice on Enforcement of the Integration Mandate …
Washington DOC Agrees to Pay $15,500 to Paraplegic Prisoner for Disability-Based Discrimination by On January 27, 2006, the Washington State Department of Corrections (DOC) agreed to pay $15,500 to a paraplegic prisoner who received inadequate medical care and was discriminated against because of his disability. John Chauers, a DOC prisoner …
Holmes et al. v. Baldwin, IL, Complaint, Mistreatment Deaf Prisoners, 2011 Case: 1:11-cv-02961 Document #: 1 Filed: 05/04/11 Page 1 of 45 PageID #:1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION RALPH HOLMES, DANIEL BAXTER, GEORGE CHILDRESS, HANNIBAL EASON, CURTIS FOSTER, CURTIS HALTERMAN, BILLY JOHNSON, …
Federal Court Rejects California’s Attempt to Terminate Clark Remedial Plan, Grants $2.3 Million in Attorney’s Fees by Michael Brodheim by Mike Brodheim On August 26, 2010, the U.S. District Court for the Northern District of California issued proposed Findings of Fact and Conclusions of Law after conducting a hearing to …
Continuing Violation Doctrine Applies to Deliberate Indifference in New York by The Second Circuit Court of Appeals has held that the continuing violation doctrine applies to a New York prisoner’s deliberate indifference claim under the Eighth Amendment. Jose J. Shomo was confined by the New York City Department of Corrections …
Brief • March 4, 2011
Coleman v. Presciti, FL, Notice of Plaintiff Discovery, excessive force ADA, 2011 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA FT. MYERS DIVISION CASE NO. 2:08-cv-780-FtM-29SPC CECIL COLEMAN Plaintiffs, vs. VICTOR PRESCITI, et al., Defendants. NOTICE OF SERVING PLAINTIFF CECIL COLEMAN'S FIRST REQUESTS FOR DISCOVERY ON …
Article • February 15, 2011 • from PLN February, 2011
Ninth Circuit Upholds Arizona Teenage Detainee Suicide Claim Dismissal by The Ninth Circuit Court of Appeals affirmed a lower court’s grant of summary judgment to Arizona jail officials related to a teenage detainee’s suicide. The court vacated the dismissal of plaintiff’s state law claims and remanded for reconsideration. Seventeen-year-old Jasper …
Brief • January 14, 2011
Taylor v. Clark et al, CA, Plf Response to Def Mot for SJ, Deaf Prisoner Accommodation Excessive Force, 2011 Case 1:07-cv-00032-AWI-SMS Document 131 5 CARTER C. WHITE, CSB # 164149 KING HALL CIVIL RIGHTS CLINIC U. C. Davis School of Law One Shields Avenue, Bldg. TB-30 Davis, CA 95616-8821 Telephone: …
Brief • December 29, 2010
Bahl v. County of Ramsey, MN, Order, No ASL Interpreter Provided to Arrestee, 2010 CASE 0:08-cv-05001-DSD-JJG Document 135 Filed 12/29/10 Page 1 of 28 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Douglas Duane Bahl and Susan Kovacs-Bahl, Civil No. 08-5001(DSD/JJG) Plaintiffs, ORDER v. County of Ramsey, Ramsey County Sheriff’s Department …
The Graying of America’s Prisons by James Ridgeway Frank Soffen, now 70 years old, has lived more than half his life in prison, and will likely die there. Sentenced to life for second-degree murder, Soffen has suffered four heart attacks and is confined to a wheelchair. He has lately been …
Brief • November 9, 2010
Minnis v Johnson VDOC, VA, Consent MTD - Settlement Agreement, deaf disabled prisoners, 2010 Case 1:10-cv-00096-TSE-TRJ Document 107 Filed 11/09/10 Page 1 of 32 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division GARY MINNIS, et al., Plaintiffs, v. GENE JOHNSON, et al., Defendants. ) …
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