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PLRA Requires Grievance Exhaustion for ADA/RA Claims by The Ninth Circuit Court of Appeals has joined the Sixth Circuit in holding that the Prison Litigation Reform Act (PLRA) requires exhaustion of Americans with Disabilities Act (ADA) and Rehabilitation Act (RA) claims. Nevada prisoner Roy O’Guinn had a history of mental …
Arkansas Juvenile Center Continues Violating Rights Despite 2003 Court Enforceable Agreement by Bob Williams By Bob Williams Arkansas protection and advocacy group Disability Rights Center (DRC) reported on conditions at the Alexander Youth Services Center (Center) in 2006. The programs at the Center were determined inadequate and discriminatory in some …
New Hampshire Prisoner’s ADA Claim Survives Summary Judgment by The First Circuit Court of Appeals reversed a New Hampshire federal district court’s summary judgment order that concluded a prisoner had failed to demonstrate prison officials violated his rights under Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. …
ADA Upheld by Fifth Circuit by The ADA is a permissible exercise of Congress' authority under the Fourteenth Amendment to override the Eleventh Amendment. Under City of Boerne, the court must assess whether there is "congruence and proportionality" between the injury to be remedied and the means adopted. That standard …
PHS Not Liable in Kansas Wheelchair Collapse by The defendants were not deliberately indifferent in providing the plaintiff a wheelchair that collapsed under him. The court notes that they always recognized his medical needs by providing him a wheelchair, he signed two forms reflecting that the wheelchair issued to him …
Denial of Cooking Class Attendance for Refusing HIV Test Upheld by The plaintiff complained that he was excluded from a "culinary arts program" because he wouldn't take an HIV test. The plaintiff did not allege that he was a "qualified individual with a disability" and, in fact, pleaded himself out …
Disabilities Subject to Correction Not Protected by ADA by Under the Americans with Disabilities Act, whether an impairment "substantially limits" one or more major life activities is assessed with reference to mitigating measures (in this case, medication for high blood pressure). That means someone whose disability is substantially corrected can …
ADA Valid Exercise of Congressional Authority by The Americans with Disabilities Act is not invalid under the Eleventh Amendment because it is a proper exercise of Congress's authority under 5 of the Fourteenth Amendment. Unlike the Religious Freedom Restoration Act, the legislative record of which lacked examples of modern instances …
ADA Withstands 11th Amendment Challenge by The Americans with Disabilities Act does not violate the Eleventh Amendment. Unlike the Religious Freedom Restoration Act, it is "plainly adapted" as a remedial measure even if it prohibits conduct that may or may not be unconstitutional. Its remedies are not so sweeping that …
Denial of AIDS Medication, Food to Texas Jail Prisoner Upheld by The plaintiff, prescribed AZT and Crixivan, got no Crixivan for five days and then half-doses for the next 15 days. When he saw a doctor after 19 days, his dosage was promptly increased. He was not able to get …
Article • August 15, 2008
No ADA Violation for Denying Deaf Arrestee Sign Language Interpreter by The deaf plaintiff complained that she was arrested without being provided an American Sign Language interpreter. (They did show her the Miranda warnings in writing.) An arrest is not a "program or service" under the Americans with Disabilities Act, …
ADA Requires Employees Exhaust Claims Prior to Filing Suit by Title II of the Americans with Disabilities Act doesn't create a claim for public employees for employment discrimination; it doesn't deal with employment, and Title I, which does, relegates public employees to the administrative scheme with exhaustion requirement of Title …
Article • August 15, 2008
ADA Does Not Allow Individual Liability by Title VII of the Americans with Disabilities Act does not permit individual liability. The court cites the weight of authority, including the Second Circuit, and also analogizes to Title VII. Accord, Corr v. MTA Long Island Bus, 27 F.Supp.2d 259 (E.D.N.Y. 1998). The …
Brief • July 19, 2008
Phipps v. Sheriff Cook County, IL, Joint Protective Order, Disabled Prisoners, 2008 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Derrick Phipps, et al., ) ) Plaintiffs, ) ) vs. ) ) Sheriff of Cook County and Cook County, ) ) ) Defendants ) …
Brief • July 19, 2008
Phipps v. Sheriff Cook County, IL, Amended Complaint, Disabled Prisoners, 2008 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Derrick Phipps, et al., Plaintiffs, -vs- Sheriff of Cook County, and Cook County, Illinois, Defendants. ) ) ) ) No. 07 CV 3889 ) Judge …
Vermont Prisons Subject to Human Rights Commission Jurisdiction by The Vermont Supreme Court has held that the Vermont Fair Housing and Public Accommodations Act (The Act) applies to state prisons. That holding affirmed an order by the Washington Superior Court denying the Vermont Department of Corrections’ (VDOC) motion to quash …
Administrative Exhaustion Required in Alabama HIV/AIDS Class Action Suit by The plaintiffs sued on behalf of themselves and all present and future HIV-positive prisoners in the state prison system, complaining both of their segregation from the general prison population and their exclusion from most programming, and of inadequate medical care. …
Multiple Sclerosis Not Covered by ADA by The multiple sclerosis of the plaintiff, a former corrections investigator, was not a disability under the Americans with Disabilities Act, since it precluded him only from performing his own job and not a broad class of jobs, and the defendants were therefore not …
Federal Prisons Not Subject to ADA by The hearing-impaired plaintiff complained of his treatment in a Wackenhut facility while awaiting deportation. Since he has now been deported, his claim about conditions is moot, and the court lacks jurisdiction to overturn his deportation even though he says he elected not to …
Federal Court Grants Class Certification to Disabled Washington Prisoners by On August 10, 2007, the U.S. District Court for the Western District of Washington granted class certification to a group of disabled prisoners who were not allowed to participate in work release programs due to their disabilities. Plaintiff Rickey Peralez …
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