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Nebraska Supreme Court Reverses Dismissal of Prisoners Drug Testing § 1983 Claim by Nebraska Supreme Court Reverses Dismissal of Prisoners Drug Testing § 1983 Claim The Nebraska Supreme Court reversed a lower courts dismissal of a prisoners 42 U.S.C. § 1983 action, finding that he stated a cognizable claim for …
Bailey v. MN DOC, MN, Order, ASL interpreter sex offender treatment disabled prisoner, 2005
From the Editor by Paul Wright In addition to PLN's own censorship litigation for prisoners we also undertake advocacy and support for prisoner rights on behalf of prisoners in other court cases. In the current supreme court term, PLN submitted an amicus brief in Goodman v. Georgia, a case involving …
Georgia Prison Warden Proper Defendant In § 1983, ADA Suit by by Michael Rigby The U.S. Eleventh Circuit Court of Appeals held that a Georgia prison warden was suable under the Eighth Amendment and Title II of the Americans with Disabilities Act (ADA). Plaintiff Tracy Miller is a wheelchair-bound paraplegic …
NY DOC Agrees to Comply with A.D.A. by The New York City Department of Corrections (NYDOC) on Rikers Island has entered into a voluntary compliance agreement that requires it to comply with the American with Disabilities Act (ADA). A NYDOC prisoner filed a complaint with the United States Attorney for …
Bailey v. MN DOC, MN, Order awarding atty fees, ASL interpreter sex offender treatment disabled prisoner, 2005
Remedying a Particularized Form of Discrimination, University of Pennsylvania Law Review, 2005 COMMENTS REMEDYING A PARTICULARIZED FORM OF DISCRIMINATION: WHY DISABLED PLAINTIFFS CAN AND SHOULD BRING CLAIMS FOR POLICE MISCONDUCT UNDER THE AMERICANS WITH DISABILITIES ACT RACHEL E. BRODIN † INTRODUCTION On November 18, 2000, Ryan K. Schorr, a twenty-five-year-old …
Michigan's Restrictive Placement Of HIV+ Prisoners Enjoined; $2 Million Damages Awarded by by John E. Dannenberg Winning a fifteen year state court battle, Michigan prisoners who tested positive for HIV (AIDS virus), and who were otherwise eligible to serve their time in community residential programs, camps or farms, gained the …
Brief • February 24, 2005
Cordero v DOC, CA, Complaint, medical care denial ADA, 2005 Case 1:05-cv-00268-0WW-DLB 1 2 3 Document 1 Filed 02/24/2005 Page 1 of 29 JAMES S. MULLER, ESQ. SBN#126071 3435 WILSHIRE BOULEVARD SUITE 2900 LOS ANGELES, CA 90010 (213) 381-3299 4 5 6 7 MARGARET WILSON, ESQ. SBN#123766 3435 WILSHIRE BOULEVARD …
Bailey v. MN DOC, MN, Plf Post-Trial Reply Memo, ASL interpreter sex offender treatment disabled prisoner, 2004
Bailey v. MN DOC, MN, Def Post-Trial Memo, ASL interpreter sex offender treatment disabled prisoner, 2004
Bailey v. MN DOC, MN, Plf Post-Trial Memo, ASL interpreter sex offender treatment disabled prisoner, 2004
Class Action Challenges Treatment of Florida's "Sexual Predator" Civil Detainees by David Reutter by David M. Reutter A federal class action has been filed in the Federal District Court in Ft. Myers by eight residents of the Florida Civil Commitment Center (FCCC), seeking to enforce their rights to mental health …
U.S. Supreme Court: ADA Title II Implicates Due Process Right of Physical Access To The Courts by John E Dannenberg by John E. Dannenberg The U.S. Supreme Court held that Title II of the Americans With Disabilities Act of 1990 (ADA), 42 U.S.C. § 12132, which guarantees disabled individuals access …
Mason v. State of Maine, ME, Motion for Summary Judgement, Disability Discrimination, 2004 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE DAVID A. MASON AND PHILLIP M. NAPIER Plaintiffs, v. STATE OF MAINE, DEPARTMENT OF CORRECTIONS et. al. Defendants * * * * * CIVIL ACTION NO. 1:03-cv-199 * …
Article • August 15, 2004 • from PLN August, 2004
Mentally Ill Texas Prisoner Not Entitled to Hepatitis Treatment by Mentally Ill Texas Prisoner Not Entitled To Hepatitis Treatment In this unpublished decision by a three judge panel, the U.S. Fifth Circuit Court of Appeals held on March 19, 2004, that the failure of Texas prison officials to treat a …
Article • June 15, 2004 • from PLN June, 2004
Suits in Michigan and New Jersey Seek to Force HCV Treatment by A groundswell of prisoner litigation is taking aim at states to force them to comprehensively and meaningfully address HCV in prison. These suits, often brought as class actions, seek to mandate a protocol for HCV detection and treatment …
Certification for Interlocutory Appeal Order Discussed in California Prison Labor Suit by A California federal district court has declined to certify an order for interlocutory appeal because the factual and legal issues in this case are not complex and will not necessitate protracted and expensive litigation. Richard P. Loritz, II, …
Disabled Missouri Prisoner Awarded Backpay after Passing GED Test by The U.S. District Court for the Eastern District of Missouri found that a disabled prisoner was entitled to backpay because he was not reassigned to a premium pay job after he successfully passed the GED test. James Arlt Jr, a …
First Circuit Holds ADA Title II Abrogated State Sovereign Immunity by Bob Williams The First Circuit court of appeals has held that Title II of the Americans with Disability Act (ADA), as applied in this case, abrogates state sovereign immunity. There is now a 6-3 split in the circuits on …
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