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Sweeping ADA/RA Jail Settlement Benefits Hearing Impaired Prisoners by by Matthew T. Clarke A federal district court in California has approved a sweeping settlement of hearing impaired prisoners' claims in a civil rights, Americans with Disabilities Act (ADA), and Rehabilitation Act (RA) class-action suit against the Santa Clara County (California) …
Brown v. ID DOC, ID, Complaint and Demand for Jury Trial, ADA Medical Care Denial, 2000 "" 7"" I)F 1.n-ii COMPREHENSIVE ADVOCACY. INC. 845 West Center, CI07 Pocatello, ID 83204 Telephone. (208) 232..Q922 Facsimile (208) 232..Q938 Amy Cunningham, Attorney for Plaintiff, Douglas Brown UNITED STATES DISTRICT COURT FOR THE OISTRICTOF …
Brown v. ID DOC, ID, Complaint, Paraplegic Disabled Prisoner Neglect, 2000
$59,177 in Damages and Fees Awarded in Georgia Braille Suit by On April 15, 1999, a federal district court in Georgia issued a directed verdict awarding a blind Georgia state prisoner $2,000 in damages. Eddy Stephens, a blind prisoner, was denied access to braile books and writing instruments. He was …
Brief • May 23, 2000
Billen v. Snohomish County, WA, Complaint, ADA Violation, 2000 • ", . '- '\, 1 RECEIVED 2 2000 MAY 23 PM 2: 26 3 BOB TERWILLIGER AUDITOR Sr-JOHOriiSH COUNTY. WASH. 4 fEPUTY£ 5 _ 6 7 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY …
$150,000 Judgment Against Prison Officials Upheld by A federal district court in New York upheld a $150,000 jury verdict against prison officials, concluding that the award was not excessive. The court also held, in a separate ruling, that the Prison Litigation Reform Act, (PLRA), cap on attorney's fees does not …
Qualified Immunity Granted for Pre-1996 ADA Violation by The court of appeals for the Sixth Circuit held that it was not clearly established before 1996 that the Americans with Disabilities Act, (ADA), and Rehabilitation Act of 1973, (Rehabilitation Act), apply to state prisoners. As such, the court concluded that prison …
ADA Applies to Parole Claims by The court of appeals for the Ninth circuit held that the Americans with Disabilities Act (ADA) applies to claims that prisoners are denied parole primarily due to past histories of substance abuse. The court held that habeas corpus is not the sole remedy for …
ADA and RA May Require Sign Language Interpreters by Eighth Circuit held that a deaf-mute prisoner stated a prima facie claim against the Missouri Department of Corrections (MDOC) for violations of the Rehabilitation Act (RA) and Title II of the Americans with Disabilities Act (ADA) for failing to provide him …
Constitutionality of ADA Upheld by Fourth Circuit by In the September, 1998, issue of PLN we reported Amos v. Maryland Department of Public Safety, 126 F.3d 589 (4th Cir. 1997) in which the court held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-12165 and the Rehabilitation Act …
Trial Required in ADA Suit over HIV Medication by In the July, 1999, issue of PLN we reported McNally v. Prison Health Services, 28 F. Supp.2d 671 (D ME 1999) in which the court denied the defendants' motion to dismiss. The case involves David McNally, an HIV positive arrestee who, …
Brief • December 9, 1999
Blackburn v. Moss, WA, Settlement and Release Agreement, Disability Access, 1999 IEPT OF GENERAL ADMINISTRATION EE BART T BLACKBURN DOC #961795 ) DAY INVOICE YR NUHBER 2 08 99 DOL-9/15/98 31050592 150-0 REfERENCE 275542C AMOUNT INVOICE DISCOUNT 06C2019 01 () D 1'\ NET DUE 2 500.00 e 2 500.00 3E …
Utah Jail Settles ADA Suit by On May 6, 1999, Salt Lake County, Utah, settled a lawsuit by paying $2,000 in damages, $4,000 in attorney fees and agreeing to modify its jail for the handicapped. Robert Earls, a former jail detainee, is missing a leg and must use a prosthesis. …
Individual Capacity Claims Not Applicable to RA and ADA by Afederal district court in Colorado held that individual defendants in their individual capacities are not liable under the Rehabilitation Act (RA) or the Americans with Disabilities Act (ADA). Additionally, these defendants were held to be entitled to qualified immunity from …
Denial of HIV Medication Subjects Medical Contractor to Liability by Afederal district court in Maine held that a former pretrial detainee had stated a claim when a jail's medical contractor denied him his HIV medication for three days. David McNally was arrested and booked into the Cumberland County jail in …
Prisoners Entitled to Money Damages and Injunctive Relief under ADA and RA by Prisoners Entitled To Money Damages And Injunctive Relief Under ADA And RA A federal court in Michigan held that prison officials were not entitled to qualified immunity for money damages in a deaf prisoner's American Disability Act …
Settlement in Washington State Deaf Prisoners' Lawsuit by Jeff Crollard Aclass action lawsuit was settled on behalf of deaf and hearing-impaired prisoners in Washington State on September 3, 1998. The settlement agreement obligates the Washington State Department of Corrections to provide qualified sign language interpreters and assistive devices, such as …
Brief • January 15, 1999
Padilla v. Ryan, CA, Settlement Agreement, Deaf Prisoners, 1999 AmandaK. Wilson, CSB #148401 2 3 Michelle L. Cheng. CSB #194072 PUBLIC INTEREST LAW FIRM III W. St John Street, Suite 315 San Jose, California 95113 Telephone: (408) 293-4790 4 .5 6 7 8 10 11 12 13 14 Linda D. …
Guard Awarded $300,000 for ETS Exposure in ADA Suit by Afederal district court in New York held that an asthmatic prison guard was "disabled" under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., but compensation under 42 U.S.C. § 1981a(b)(3) could not exceed $300,000. The court …
Qualified Immunity No Protection for ADA Injunctive Claims by In the October, 1998, issue of PLN we reported Rouse v. Plantier , 987 F. Supp. 302 (D NJ 1997) which involves a class action lawsuit challenging the adequacy of treatment that diabetic prisoners receive in New Jersey state prisons. In …
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