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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 …
California DOC Settles With Mistreated Diabetic Prisoner For $600,000 by The California Department of Corrections and Rehabilitation (CDCR) settled with a prisoner who had sued for failure to properly treat his diabetic condition that eventually resulted in blindness and amputations. The $600,000 settlement included attorney fees and costs. When Daniel …
Article • December 15, 2007
ADA Doesn’t Apply to Police Shooting Mentally Ill by ADA Doesn't Apply to Police Shooting Mentally Ill Claims of excessive force and of assault and battery by the police were precluded by the plaintiff's conviction for assault with a deadly weapon arising from the same events. A police shooting and …
Denying Work Release to HIV Positive Amputee May Violate ADA by The plaintiff alleged that he was denied access to shock incarceration because he is an HIV-positive amputee, and was also repeatedly denied work release. He also claimed that he was deprived of his personal wheelchair, after having it in …
California’s Solution To Prison Overcrowding: $7.4 Billion To Build 53,000 New Beds by Marvin Mentor California's Solution To Prison Overcrowding: $7.4 Billion To Build 53,000 New Beds by Marvin Mentor Faced with three federal judges threatening to place a population cap on California's overcrowded prison system, the state Legislature and …
A RE-BIRTH FOR CIVIL RIGHTS LITIGATION: USING THE AMERICANS WITH DISABILITIES ACT TO OVERCOME SECTION 1983 HURDLES AND HOLD GOVERNMENT AND POLICE ACCOUNTABLE by A RE-BIRTH FOR CIVIL RIGHTS LITIGATION: USING THE AMERICANS WITH DISABILITIES ACT TO OVERCOME SECTION 1983 HURDLES AND HOLD GOVERNMENT AND POLICE ACCOUNTABLE A Review of …
Colorado Settles Class Action Prison Disability Discrimination Suit For Over $3 Million by The Colorado Department of Corrections (CDOC) has settled a class action disability discrimination suit over accessibility inside its state prisons for prisoners with impairments in mobility, hearing, sight and for diabetics. Over $3 million will be spent …
Injunction Against Corrections Department Affirmed; Presumption Ancillary to Injunction by Injunction Against Corrections Department Affirmed; Presumption Ancillary to Injunction The U.S. Ninth Circuit Court of Appeals affirmed a contested permanent injunction issued by the U.S. District Court, Northern District of California, against the California Department of Corrections (CDC), to remedy …
Claims Against California Youth Authority Valid, Class Certified by The U.S. District Court, E.D. California, held that a California Youth Authority (CYA) prisoner had standing for injunctive relief as to mental health claim; allegations supported Rehabilitation Act (RA) and Americans with Disabilities Act (ADA) claims and access to court claims; …
$24,000 Paid in WA Disability Termination Suit by Thomas J. Miller, a visually impaired individually applied for, was interviewed, and hired by Second Chance, a non-profit organization that is a Washington DOC Contractor, to be an on-call supervisor. Bruce Kuennan, Second Chance Director, told Miller that the Washington DOC would …
Dismissal, Summary Judgment Against Prisoner's Medical Claims Affirmed by The U.S. Ninth Circuit Court of Appeals, affirming the U.S. District Court, Western District of Washington, held that a prisoner failed to prove that Washington prison officials were deliberately indifferent to his serious medical needs when they treated him with anti-psychotic …
Wisconsin Prisoner's ADA Claim Proceeds; Counsel Appointed by A Wisconsin federal district court has allowed a prisoner at the Stanley Correctional Institution (SCI) to proceed on his claims under the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213 (ADA). The Court also appointed the prisoner counsel. Wisconsin prisoner …
Injunction Against California DOC Precluded By PLRA, Turner by In this unpublished ruling the U.S. Court of Appeals for the Ninth Circuit held that the California Department of Corrections (CDC) did not have to comply with plaintiffs' proposed modifications to its procedures for housing and screening disabled prisoners and that …
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