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Deaf Michigan Prisoner's ADA/RA Suit Survives Dismissal Challenge by A Michigan District Court has granted in part and denied in part Michigan Department of Corrections (MDOC) officials' motion to dismiss a state prisoner's suit against MDOC under the Americans with Disabilities Act (ADA), 42 U.S.C. §12101, et. seq., and the …
Denial of Wheelchair Claims Survive Summary Judgment by A federal court in Massachusetts held that issues of material fact concerning the extent of a prisoner's injuries precluded summary judgment. The court also held that the corrections commissioner was not entitled to qualified immunity related to the denial of a wheelchair …
Ripole v. Stanley, NH, Bill in Equity, ADA Violations, 2002 THE STATE OF NEW HAMPSHIRE MERRIMACK COUNTY SUPERIOR COURT ___________________________________ : DONALD RIOPEL, : : Plaintiff : : v. : : PHILLIP STANLEY, in his : official capacity as Commissioner, : New Hampshire Department of Corrections : : JANE COPLAN, …
Supreme Court: No Punitive Damages Allowed Under RA and ADA by In a unanimous opinion, the United States supreme court held that punitive damages are not allowed under the Rehabilitation Act, (RA), 29 U.S.C. § 794 (a) or the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132. Jeffrey Gorman …
Brief • September 18, 2002
Bailey v. MN DOC, MN, Complaint and Jury Request, Inadequate ASL Interpreter, 2002 DISTRICT COURT STATE OF MINNESOTA SECOND JUDICIAL DISTRICT COUNTY OF RAMSEY Case Type: Other Civil Scott A. Bailey COMPLAINT Plaintiff, No. v. Minnesota Department of Corrections, and _ JURY TRIAL REQUESTED Sheryl Ramstad Hvass, individually and in …
Bailey v. MN DOC, MN, Complaint, ASL interpreter sex offender treatment disabled prisoner, 2002
CYA Suit Alleges Abuse of Juveniles by Anne Mania The California Youth Authority (CYA) houses 6,000 juvenile offenders and was once considered a model for juvenile justice in this country. However, after decades of declining funding and worsening conditions, the California Youth Authority has deteriorated to where severely mentally ill …
USPC Reverses Stance on HIV Discrimination after Suit Filed by Deborah M Golden by Deborah M. Golden In September 2001, the United States Parole Commission (USPC) issued a Notice of Action that, while not precedent, signifies an important policy and a possible way for prisoners to challenge parole decisions. The …
Oregon Prisoners Sue for HCV Treatment by On November 1, 2001, a group of Oregon prisoners filed suit in federal court against the State of Oregon, the Oregon Department of Corrections (ODOC), and several individual ODOC medical personnel related to the systematic denial and delay of adequate diagnosis and treatment …
ADA/RA Suit for Sign Language Interpreters Proceeds for Prospective Injunctive Relief by John E Dannenberg ADA/RA Suit For Sign Language Interpreters Proceeds for Prospective Injunctive Relief by John E. Dannenberg The Eighth Circuit US Court of Appeals ruled that a deaf-mute Missouri State prisoner's ADA (Americans with Disabilities Act) and …
$3.54 Million Paid For Falsely Imprisoning Unconvicted Mentally-Incapacitated California Man For Two Years In New York by John E Dannenberg A mentally incapacitated misdemeanant detainee at the Los Angeles County, California, jail was unlawfully extradited to New York, where he was imprisoned for two years in the Green Haven Correctional …
No Qualified Immunity for Shackling Prisoner to Hospital Bed by Gregory May, a Cook County, Illinois, prisoner, filed a suit against the Sheriff and Sheriff's Department officials under 42 U.S.C. § 1983, alleging their treatment of prisoners taken to Cook County Hospital is unconstitutional and violates the Americans with Disabilities …
ADA Claims Against State Cannot Proceed in Federal Court by John E Dannenberg ADA Claims Against State Cannot Proceed In Federal Court In a suit against an Illinois prison brought under the Americans with Disabilities Act (ADA), a prisoner with impaired vision was denied monetary, declaratory, and injunctive relief in …
Supreme Court Eliminates "Catalyst Theory" Fee Awards by Supreme Court Eliminates "Catalyst Theory" Fee Awards In a 54 decision, the United States Supreme Court held that the "catalyst theory" is no longer a permissible basis for an award of attorneys' fees to "prevailing parties" under fee shifting statutes such as …
Brief • December 3, 2001
Clark v. State of California, CA, Court Order, ADA Cruel and Unusual Punishment, 2001 1 2 3 4 5 6 7 8 PRISONLAWOFFICE DONALD SPECTER #83925 HEATHER MacKA Y #161434 SARA NORMAN #189536 General Delivery San Quentin, CA 94964 Telephone: (415) 457-9144 ORKGKN.iiL CHAVEZ & GERTLER MARK A. CHAVEZ #90858 …
Maryland Court Ruling on Tobacco Smoke Prompts Settlement by A Maryland federal district court's ruling denying summary judgment in an "environmental tobacco smoke" (ETS) case has prompted the Maryland Department of Public Safety and Correctional Services (DOPSACS) to ban tobacco, matches, and lighters at all Maryland state prisons, effective June, …
Plata v. Davis, CA, Amended Complaint, Medical Neglect, 2001 1 2 3 4 5 6 7 8 9 10 11 PRISON LAW OFFICE DONALD SPECTER #83925 STEVEN FAMA #99641 SARA NORMAN#189536 General Delivery San Quentin, CA 94964 Telephone: (415) 457-9144 Facsimile: (415) 457-9151 McCUTCHEN, DOYLE, BROWN & ENERSEN WARREN E. …
PLRA Physical Injury Rule Applies to ADA Claims by The Circuit Court of Appeals for the Seventh Circuit has held that the Prison Litigation Reform Act (PLRA) rule of requiring physical injury applies to damage claims brought under the American with Disabilities Act (ADA) and Rehabilitation Act of 1973. Richard …
Brief • June 20, 2001
Barham v. Pierce County, WA, Claim, ADA Discrimination Firing, 2001 Ulj/l\J/.':J1 . TUr; lJ:Jkt ~::>J·/}JOt.U1J to"Ju'. ' ~vv"- . -' RECEIVED ~.O·-"IM . ol1"o~ K, CLAIM FOR DAMAGES r~ R'&wAnut: ~ ~ 'PIERC~1G.0UNTY RISK MANAGEMENT DEPARTMENT Jl.lfJ 2 \l '}ilO' ~ JUN 202001 955 Tacoma Avenue SOuth, Suite 303 Tacoma, …
ADA Settlement at Washington Special Commitment Center by Hank Balson By Hank Balson In December 2000, the Washington Department of Corrections (DOC) and the Washington Department of Social and Health Services (DSHS) settled a lawsuit brought by seven disabled residents of the Washington Special Commitment Center (SCC), the state's civil …
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