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Seventh Circuit Questions ADA Applicability to Prisons by The court of appeals for the seventh circuit issued its first ruling on the applicability of the Americans with Disabilities Act (ADA) to prisoners. In doing so it held that claims of incompetent medical treatment are not cognizable under the ADA. It …
Ninth Circuit Rules on Washington ADA Suit by Leonard Feldman [Editor's Note: Leonard Feldman is the Seattle attorney representing the plaintiff in the case discussed below.] Sean Duffy, the plaintiff in Duffy v. Riveland, 1996 WL 583384 (9th Cir. October 11, 1996), is a prisoner at the Washington State Reformatory …
ADA Requires Phones for Deaf by A federal district court in Michigan held that the Americans with Disabilities Act (ADA), 42 U.S.C. 12131 and the Rehabilitation Act of 1973, 29 U.S.C. § 794, requires state prison officials to provide prisoners and the people they call with Telecommunications Device for the …
ADA Ruling for Deaf New York Prisoners by The U.S. District Court for the Southern District of NY ruled in favor of hearing impaired New York prisoners litigating a number of constitutional and statutory issues relating to the imprisonment of hearing impaired prisoners. The court held that the defendants, New …
Article • September 15, 1996 • from PLN September, 1996
Job Denial Based on HIV Status May Violate ADA by A federal district court in Florida held that a jail's denial of trustee status to an HIV+ prisoner would violate the Americans with Disabilities Act (ADA) 42 U.S.C. 12131. Johnnie Dean was held in the St. Lucie County jail when …
Qualified Immunity for ADA Suit by The court of appeals for the fourth circuit ruled that Virginia prison officials were entitled to qualified immunity from an obese prisoner's suit filed under the Americans with Disabilities Act (ADA) and the Rehabilitation Act (RA). The court went into extensive detail discussing the …
Prisoner ADA Suit Wins at Trial by John Emry by John Emry, Attorney at Law Below is a report of a trial and recent retrial [ Cleo Love v. Westville Correctional Center, USDC, Northern District, South Bend Division, Indiana; 3:94CV0371RM] which had interesting results: Plaintiff, a quadriplegic confined to a …
Brief • December 21, 1995
Marquiz v. Romer, CO, Opinion and Order, Violation of ADA Rights, 1995 NITEO STATES EMSTRICT C C U H . DENVER, COI n IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO DE§ gl 19Q§ r Civil Action No. 92-K-1470 (92-M-1932) AMES R. f/.-.^SPEAKEi: __^'-~ STEVEN R. MARQUIZ; …
Turner Applied to Rehabilitation Act Claims by Prisoners at the California Medical Facility (CMF) in Vacaville filed a class action suit challenging the adequacy of medical care and the overall treatment afforded to prisoners at the facility, especially those who were HIV positive or had AIDS. Before trial the parties …
State Prisons Subject to RA & ADA by State Prisons Subject to RA & ADA Anthony Torcasio is an extremely obese Virginia state prisoner who is 5' 7" tall, weighs over 460 pounds and has a girth of 78" . He filed suit under 42 U. S. C. § 1983 …
Article • November 15, 1994 • from PLN November, 1994
DOJ Releases ADA Advisory Report by In 1990, Congress passed the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-12134, which prohibits discrimination against the disabled by state and local government entities. The ADA applies to criminal justice agencies, including prisons and jails. The Department of Justice (DOJ) is one …
Jail Sued Under ADA by In 1990 Congress passed the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-12134, which prohibits discrimination against the disabled by public services. Readers will note that this law applies to prisons and jails who can be sued for failing to provide disabled prisoners with …
Langford v. Bullock, MT, Fifth Amended Complaint, ADA Compliance, 1993 t Langford v. Racicot PC-MT-001-001 1 2 3 4 5 6 7 8 "lark J. Lopez idward I. Koren National Prison Project the American Civil Liberties Jnion Foundation L875 Connecticut Ave., NW Washington, DC 20009 Telephone: 202/234-4830 Edmund F. Sheehy, …
Equal Protection for Handicapped Explained by Wheelchair bound prisoners at the Iowa State Penitentiary (ISP) filed suit concerning denial of physical access and programming because of their disability. The parties settled most of the problems in a consent decree. The one issue not settled was prison officials' refusal to provide …
Sheehan v. San Francisco, Supreme Court, Amicus Brief of the Policy Council, ADA Violations in Arrests, 2015 No. 13-1412 In The Supreme Court of the United States -------------------------- ♦ --------------------------- CITY AND COUNTY OF SAN FRANCISCO, CALIFORNIA, et al., Petitioners, v. TERESA SHEEHAN, Respondent. -------------------------- ♦ -------------------------- ON PETITION FOR …
Murillo v. Wexford, IL, Complaint, Medical Neglect, 2017 3:17-cv-03181-MMM-JEH # 49 Page 1 of 40 E-FILED Tuesday, 21 November, 2017 02:39:59 PM Clerk, U.S. District Court, ILCD Iv IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS JASMINE MURILLO, individually and as Plenary Guardian of the Estate …
Campbell v. Barnes, CA, Opposition to Def. Demurrer, Covid Release, 2020 Electronically Filed by Superior Court of California, County of Orange, 10/16/2020 11:51:00 PM. 30-2020-01141117-CU-WM-CXC - ROA # 167 - DAVID H. YAMASAKI, Clerk of the Court By e Clerk, Deputy Clerk. 1 CASSANDRA STUBBS (SBN 218849) cstubbs@aclu.org 2 AMERICAN …
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