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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Arizona: Failure to Provide Hearing Aid States Claim Under ADA, RA by In this unpublished decision dated January 16, 2003, the Arizona Court of Appeals, Division One, held that a prisoner's assertion, that the Arizona Department of Corrections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 …
Denial of Handicapped Shower Implicates ADA/RA & §1983 by A federal court in Oregon held that the state can be sued under Title II of the Americans with Disabilities Act (ADA) and under the Rehabilitation Act of 1973 (RA). The court also held that prison officials could be sued in …
ADA/RA Suits Require Proof of Intentional Discrimination by Title II of the ADA is "neither congruent nor proportional to the proscriptions of the Fourteenth Amendment." Therefore it exceeds Congress's authority under § 5 of the Fourteenth Amendment. At 110: Although we find that Title II in its entirety exceeds Congress's …
Article • May 15, 2007
Continuing Rehabilitation Act Claims Require Exhaustion by Plaintiffs whose administrative claims were not timely with respect to the discrete acts of which they complained cannot sue under the Rehabilitation Act based on the continuing violations doctrine merely because the challenged policy continues in effect. The Supreme Court held in National …
Expert Witness Fees Allowed Under ADA and RA by The court of appeals for the Ninth circuit held that prevailing plaintiffs are entitled to full expert witness fees under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 and the Rehabilitation Act (RA), 29 U.S.C. § 794. The underlying …
Eighth Circuit Denies Police Board Sovereign Immunity; Upholds ADA/RA Damages by The Eighth Circuit Court of Appeals, in a case that may have implications for arrestees and prisoners nationwide, has denied Eleventh Amendment sovereign immunity protection to a state-created police board and, splitting with the Sixth Circuit, has ruled that …
No Immunity for DOC Under Rehabilitation Act or ADA by No Immunity for DOC under Rehabilitation Act or ADA The U.S. Southern District of New York held that DOC was a state agency but was not necessarily entitled to qualified immunity. New York state DOC was sued by a former …
Prison Programs Receive Federal Funds Under Civil Rights Restoration Act Definition by Prison Programs Receive Federal Funds Under Civil Rights Restoration Act Definition The U.S. District Court for the District of Arkansas held that Arizona Department of Corrections (ADOC) "programs or activities" received federal funds for 'purposes of a prisoner's …
Confiscation of Social Security Benefits Actionable Under Rehabilitation Act by The U.S. Court of Appeals for the Sixth Circuit held that juveniles formerly in state custody whose benefits were seized by the Tennessee Department of Children's Services (DCS) to pay for their "maintenance," could pursue a claim under the Rehabilitation …
Summary Judgment Of Rehabilitation Act Suit Precluded By Fact Issues by The U.S. Ninth Circuit Court of Appeals held that genuine issues of material fact precluded summary judgment of a prisoner's suit under the Rehabilitation Act (RA) of 1973 against the Arizona Department of Corrections (ADOC). Nicki Aaron Bonner, a …
Prisoner Regarded as Having Impairment Entitled to ADA and RA Protection by A Massachusetts federal district court held that the Americans with Disabilities Act (ADA) and the Rehabilitation Act (RA) applies to prisoners suffering from a heart condition and diabetes. The prisoner's suit alleged he was denied participation in educational …
Article • May 15, 2007
11th Amendment Bars Damages Under Rehabilitation Act by Damage claims under the Rehabilitation Act are barred by the Eleventh Amendment. Prior authority holding that the acceptance of federal funds constitutes a waiver of Eleventh Amendment protection under the Spending Clause is overruled by the Supreme Court's decision in College Savings …
$275,000 Paid In Excessive-Force Michigan Jail Death Lawsuit by John Dannenberg by John E. Dannenberg On May 25, 2006, Kent County, Michigan agreed to settle a wrongful death lawsuit for $275,000 brought by the family of a Grand Rapids man who died of a heart attack suffered after struggling with …
Ninth Circuit Holds Prisons Not Immune In ADA and RA Suit by The Ninth Circuit Court of Appeals held that state prisons are not entitled to Eleventh Amendment immunity from suits brought by prisoners under the Americans with Disabilities Act (ADA). Billy Ray Phiffer, an Oregon state prisoner, filed suit …
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 …
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 …
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