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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
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 …
Article • May 15, 1998 • from PLN May, 1998
$60,000 Judgement Against Florida DOC Reinstated by James Quigley A Florida appellate court reversed a trial court order setting aside a jury verdict against the Florida Department of Corrections (DOC) and granting the DOC a new trial. The court directed the lower tribunal to reinstate the jury award of $60,000 …
Americans with Disability Act Applies to Jails by In two separate rulings, federal district courts in Ohio and Michigan held that the Americans with Disabilities Act (ADA) 42 U.S.C. § 12131 and the Rehabilitation Act (RA), 29 U.S.C. § 794, apply to county jails. Leonard Raufman was imprisoned in the …
Indiana ADA Verdict Affirmed by In the March, 1996, issue of PLN we reported Love v. Westville Correctional Center, 896 F. Supp. 808 (ND IN 1995) where the court granted the plaintiff a new trial on his Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, claim. After a new …
ADA Applies to State Prisons by A federal district court in California held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-34 and the Rehabilitation Act (RA), 29 U.S.C. § 794, apply to state prisons and the California Department of Corrections (CDC) must comply with their respective provisions. …
Seventh Circuit Questions ADA Applicability to Prisons by The court of appeals for the seventh circuit issued its first ruling on the applicability of the Americans with Disabilities Act (ADA) to prisoners. In doing so it held that claims of incompetent medical treatment are not cognizable under the ADA. It …
No Service on US Required for Bivens Claim in Work Injury Suit by The court of appeals for the ninth circuit held that plaintiffs suing federal officials solely in their individual capacities do not need to serve the complaint on the United States. John Vaccaro is a federal prisoner with …
ADA Ruling for Deaf New York Prisoners by The U.S. District Court for the Southern District of NY ruled in favor of hearing impaired New York prisoners litigating a number of constitutional and statutory issues relating to the imprisonment of hearing impaired prisoners. The court held that the defendants, New …
Article • August 15, 1996 • from PLN August, 1996
BOP Ad Seg Rules Don't Create Liberty Interest by The court of appeals for the seventh circuit held that federal Bureau of Prison (BOP) rules do not create a liberty interest in federal prisoners not being placed in administrative segregation and once in segregation federal prisoners are not entitled to …
Qualified Immunity for ADA Suit by The court of appeals for the fourth circuit ruled that Virginia prison officials were entitled to qualified immunity from an obese prisoner's suit filed under the Americans with Disabilities Act (ADA) and the Rehabilitation Act (RA). The court went into extensive detail discussing the …
Prisoner ADA Suit Wins at Trial by John Emry by John Emry, Attorney at Law Below is a report of a trial and recent retrial [ Cleo Love v. Westville Correctional Center, USDC, Northern District, South Bend Division, Indiana; 3:94CV0371RM] which had interesting results: Plaintiff, a quadriplegic confined to a …
Turner Applied to Rehabilitation Act Claims by Prisoners at the California Medical Facility (CMF) in Vacaville filed a class action suit challenging the adequacy of medical care and the overall treatment afforded to prisoners at the facility, especially those who were HIV positive or had AIDS. Before trial the parties …
State Prisons Subject to RA & ADA by State Prisons Subject to RA & ADA Anthony Torcasio is an extremely obese Virginia state prisoner who is 5' 7" tall, weighs over 460 pounds and has a girth of 78" . He filed suit under 42 U. S. C. § 1983 …
Settlement Reached in MT Prison Case by A settlement agreement has been reached between attorneys for prisoners at the Montana State Prison (MSP) and Montana state officials responsible for running the prison. The case, Langford v. Racicot, was originally filed on December 30, 1993. The National Prison Project of the …
Article • December 15, 1994 • from PLN December, 1994
No Help for Disciplinary Hearings by Ronald Kulow is an Iowa state prisoner. Kulow suffers from brain damage, has an IQ between 70 and 74 and borderline intellectual functioning. After having an altercation with another prisoner he was placed in involuntary protective custody where he received numerous disciplinary infractions. At …
Article • November 15, 1994 • from PLN November, 1994
Refusal to Help Prisoner Eat Illegal by A Wisconsin state prisoner suffering from amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig's disease, had difficulty eating due to weakness in his arms, hands, jaw, facial and throat muscles used in eating due to the disease's progression. Part of the treatment …
BOP Ad Seg Rules Create Liberty Interest by Jerome Crowder is a paraplegic federal prisoner confined to a wheelchair. He filed suit against officials of the Metropolitan Corrections Center (MCC) in Chicago claiming he was placed in administrative segregation without a hearing and as a result of this he was …
Article • May 15, 1994 • from PLN May, 1994
Accessible Facilities Required for Disabled by In a class action suit, Arizona state prisoners challenged the lack of access for mobility impaired prisoners to bathrooms, showers and cells, delays in receiving medical devices and hearing aids and violations of the Rehabilitation Act. The court found that the Arizona DOC houses …
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