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Evidentiary Hearing Required Before PLRA Termination of Consent Decree by Evidentiary Hearing Required Before PLRA Termination of Consent Decrees The court of Appeals for the Eleventh Circuit has held that a district court must hold an evidentiary hearing to determine if there are current and ongoing" violations of class member's …
Social Security Application Claims Estop Fired Jailer's ADA Claims by The U .S. Seventh Circuit Court of Appeals, affirming the U.S. District Court for the Northern District of Indiana, held that a former jail guard's claim, brought under the Americans with Disabilities Act (ADA) that he was terminated because he …
Arizona: Failure to Provide Hearing Aid States Claim Under ADA, RA by In this unpublished decision dated January 16, 2003, the Arizona Court of Appeals, Division One, held that a prisoner's assertion, that the Arizona Department of Corrections (ADOC) failed to timely provide him with hearing aids, stated a prima …
Denial of Handicapped Shower Implicates ADA/RA & §1983 by A federal court in Oregon held that the state can be sued under Title II of the Americans with Disabilities Act (ADA) and under the Rehabilitation Act of 1973 (RA). The court also held that prison officials could be sued in …
Soverign Immunity Bars Prisoners ADA Damage Claim by The Third Circuit Court of Appeals has held that a prisoner is not entitled to bring a claim for damages in a suit under Title II of the American with Disabilities Act (ADA). This lawsuit was brought by New Jersey prisoner Oliver …
9th Circuit Reversed SJ for Non-Exhaustion by In an unpublished opinion, the Ninth Circuit Court of Appeals reversed a lower court's grant of summary judgment to prison officials for a prisoner's purported non-exhaustion. Nevada prisoner John Auer brought suit, alleging excessive force, retaliation and denial of access to the courts …
Five Hour Delay in Treating Beaten Arrestee Okay by The deaf plaintiff alleged that he was arrested because of his disability (i.e., because he didn't sufficiently cooperate with police because he couldn't hear what they were saying). Police investigative activities are "government programs" under the Americans with Disabilities Act, as …
ADA Claim Dismissed for Non Exhaustion by The plaintiff brought an ADA suit against prison staff. He "stated that he had not exhausted his administrative remedies because, when he asked his counselor, one of the defendants, for a grievance form, the counselor told him to get out of his office." …
ADA Requires Exhaustion of Employee Claims by At 181: ". . . [T]he purpose of the administrative exhaustion requirement of the ADA is to provide notice to Defendant of an employee's claims. . . . Thus, the general rule is that the Complaint must be limited to the events identified …
ADA/RA Suits Require Proof of Intentional Discrimination by Title II of the ADA is "neither congruent nor proportional to the proscriptions of the Fourteenth Amendment." Therefore it exceeds Congress's authority under § 5 of the Fourteenth Amendment. At 110: Although we find that Title II in its entirety exceeds Congress's …
Supreme Court Defines Disabled Under ADA by Supreme Court Defines Disabled Under ADA The plaintiff worked in an auto plant and wound up with bilateral carpal tunnel syndrome and tendinitis, and later myotendinitis and thoracic outlet compression, resulting in restrictions on her ability to work (starting with no substantial lifting …
PLRA Doesn't Require Exhaustion of Non Prison Remedies by The plaintiff alleged that he was subjected to unconstitutional medical care for a spinal injury among other problems and that he was excluded from the prison's Unit for the Physically Disabled in violation of the Americans with Disabilities Act. The plaintiff …
Article • May 15, 2007
Seventh Circuit Affirms Dismissal of Blind Prisoner's Failure to Protect Suit by The legally blind plaintiff sued under the ADA and the Constitution, alleging that inter alia the defendants had double celled him with other prisoners who verbally and physically assaulted him and stole from him. His attorney, in a …
Eleventh Circuit Remands ADA and Section 1983 Claims for Amended Complaint by John Dannenberg Eleventh Circuit Remands ADA and § 1983 Claims for Amended Complaint by John E. Dannenberg In two similar cases, the Eleventh Circuit U.S. Court of Appeals issued orders remanding prisoner complaints of Georgia?s violations of Title …
Expert Witness Fees Allowed Under ADA and RA by The court of appeals for the Ninth circuit held that prevailing plaintiffs are entitled to full expert witness fees under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 and the Rehabilitation Act (RA), 29 U.S.C. § 794. The underlying …
Eighth Circuit Denies Police Board Sovereign Immunity; Upholds ADA/RA Damages by The Eighth Circuit Court of Appeals, in a case that may have implications for arrestees and prisoners nationwide, has denied Eleventh Amendment sovereign immunity protection to a state-created police board and, splitting with the Sixth Circuit, has ruled that …
No Immunity for DOC Under Rehabilitation Act or ADA by No Immunity for DOC under Rehabilitation Act or ADA The U.S. Southern District of New York held that DOC was a state agency but was not necessarily entitled to qualified immunity. New York state DOC was sued by a former …
Factual Issues Preclude Summary Judgment on Eighth Amendment, ADA Claims by A U.S. district court dismissed a .prisoner's First Amendment and retaliation claims but held that summary judgment of his Eighth Amendment and ADA claims was precluded by remaining issues of fact. A Michigan state prisoner brought §1983 action against …
Confiscation of Social Security Benefits Actionable Under Rehabilitation Act by The U.S. Court of Appeals for the Sixth Circuit held that juveniles formerly in state custody whose benefits were seized by the Tennessee Department of Children's Services (DCS) to pay for their "maintenance," could pursue a claim under the Rehabilitation …
NY DOCS Policy Possibly Violates ADA Prohibition Against Disability Inquiry by The U.S. Court of Appeals for the Second Circuit held that a New York Department of Correctional Services (DOCS) policy requiring employees to provide general diagnoses as part of a medical certification procedure following certain absences generally fell within …
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