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PHS Not Liable in Kansas Wheelchair Collapse by The defendants were not deliberately indifferent in providing the plaintiff a wheelchair that collapsed under him. The court notes that they always recognized his medical needs by providing him a wheelchair, he signed two forms reflecting that the wheelchair issued to him …
Denial of AIDS Medication, Food to Texas Jail Prisoner Upheld by The plaintiff, prescribed AZT and Crixivan, got no Crixivan for five days and then half-doses for the next 15 days. When he saw a doctor after 19 days, his dosage was promptly increased. He was not able to get …
IDEA is Constitutional by The Individuals with Disabilities Education Act (IDEA) was valid under 5 of the Fourteenth Amendment and therefore Congress successfully abrogated states' Eleventh Amendment immunity. Alternatively, it provides an unambiguous waiver of Eleventh Amendment immunity by clearly conditioning the receipt of federal funds on states' willingness to …
Preliminary Injunction For Improved TB Testing in Pennsylvania Prisons by On September 29, 1992, a federal district court granted Pennsylvania state prisoners a preliminary injunction ordering the implementation of a new policy on the detection and treatment of tuberculosis (TB) cases in Pennsylvania state prisons. This is a, class-action suit …
Administrative Exhaustion Required in Alabama HIV/AIDS Class Action Suit by The plaintiffs sued on behalf of themselves and all present and future HIV-positive prisoners in the state prison system, complaining both of their segregation from the general prison population and their exclusion from most programming, and of inadequate medical care. …
Federal Court Grants Class Certification to Disabled Washington Prisoners by On August 10, 2007, the U.S. District Court for the Western District of Washington granted class certification to a group of disabled prisoners who were not allowed to participate in work release programs due to their disabilities. Plaintiff Rickey Peralez …
California DOC Settles With Mistreated Diabetic Prisoner For $600,000 by The California Department of Corrections and Rehabilitation (CDCR) settled with a prisoner who had sued for failure to properly treat his diabetic condition that eventually resulted in blindness and amputations. The $600,000 settlement included attorney fees and costs. When Daniel …
Denying Work Release to HIV Positive Amputee May Violate ADA by The plaintiff alleged that he was denied access to shock incarceration because he is an HIV-positive amputee, and was also repeatedly denied work release. He also claimed that he was deprived of his personal wheelchair, after having it in …
A RE-BIRTH FOR CIVIL RIGHTS LITIGATION: USING THE AMERICANS WITH DISABILITIES ACT TO OVERCOME SECTION 1983 HURDLES AND HOLD GOVERNMENT AND POLICE ACCOUNTABLE by A RE-BIRTH FOR CIVIL RIGHTS LITIGATION: USING THE AMERICANS WITH DISABILITIES ACT TO OVERCOME SECTION 1983 HURDLES AND HOLD GOVERNMENT AND POLICE ACCOUNTABLE A Review of …
Colorado Settles Class Action Prison Disability Discrimination Suit For Over $3 Million by The Colorado Department of Corrections (CDOC) has settled a class action disability discrimination suit over accessibility inside its state prisons for prisoners with impairments in mobility, hearing, sight and for diabetics. Over $3 million will be spent …
Injunction Against Corrections Department Affirmed; Presumption Ancillary to Injunction by Injunction Against Corrections Department Affirmed; Presumption Ancillary to Injunction The U.S. Ninth Circuit Court of Appeals affirmed a contested permanent injunction issued by the U.S. District Court, Northern District of California, against the California Department of Corrections (CDC), to remedy …
Claims Against California Youth Authority Valid, Class Certified by The U.S. District Court, E.D. California, held that a California Youth Authority (CYA) prisoner had standing for injunctive relief as to mental health claim; allegations supported Rehabilitation Act (RA) and Americans with Disabilities Act (ADA) claims and access to court claims; …
Injunction Against California DOC Precluded By PLRA, Turner by In this unpublished ruling the U.S. Court of Appeals for the Ninth Circuit held that the California Department of Corrections (CDC) did not have to comply with plaintiffs' proposed modifications to its procedures for housing and screening disabled prisoners and that …
Jury Awards $136,501 to Handicapped Michigan Prisoner Sent to Virginia Prison by Dwayne Hubbard, a one-legged Michigan state prisoner was sent to a Virginia prisoner due to overcrowding. The Virginia prison had no accommodations for his handicap. He fell and injured his back in the shower. The Virginia guards made …
No Policy Needed to Support Municipal Liability Under ADA/RA by A municipal policy need not be shown to support liability under the disability statutes; the statutory term "employer" encompasses any agent of an employer covered by the statute. At 575: "There is no 'deliberate indifference' standard applicable to public entities …
ADA Suit by Alcoholic Work Release Residents Dismissed by Residents of a halfway house for alcoholics were disabled for purposes of the disability statutes, since alcoholism is a recognized disability and since the halfway house only admitted persons who inter alia were determined to be unable to abstain without continued …
Article • May 15, 2007
FBI Waived Timeliness Defense by Not Raising It in Administrative Proceedings by The plaintiff sued alleging employment discrimination under the Rehabilitation Act. His administrative complaint was arguably late, but the agency found that it was timely and did not assert a timeliness defense until after suit was filed. At 74: …
ADA, RA Include Private Cause of Action by The Americans with Disabilities Act's incorporation by reference of the rights and remedies of the Rehabilitation Act, which in turn incorporates those of Title VI of the Civil Rights Act of 1964, includes the judicial gloss on those rights and remedies, including …
Disabled Prisoner's Handcuffing Suit Proceeds to trial Under RA by The plaintiff alleged that he was injured when prison staff ignored an order to handcuff him in front because of a medical problem with his shoulder, which he said resulted in dislocation of his shoulder. The plaintiff alleged a violation …
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 …
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