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First Circuit Holds ADA Title II Abrogated State Sovereign Immunity
Loaded on April 15, 2004
by Bob Williams
published in Prison Legal News
April, 2004, page 15
The First Circuit court of appeals has held that Title II of the Americans with Disability Act (ADA), as applied in this case, abrogates state sovereign immunity. There is now a 6-3 split in the circuits on this issue.
Filed under:
Disabled Prisoners,
Nervous System,
Muscular,
Damages,
Americans with Disabilities Act,
Immunity/Liability,
Eleventh Amendment Immunity,
Sovereign Immunity.
Location:
New Hampshire.
Matthew Kiman, a former New Hampshire state prisoner, suffers from amyotrophic ...
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More from this issue:
- Jails for Jesus, by Samantha M. Shapiro
- City Immune in California Drunk Tank Beating Suit Because Prisoner Was Criminal, Not Civil Detainee
- Kansas Gift Subscription Ban Rejected by State Court But Upheld By Federal Court, by John E Dannenberg
- From the Editor, by Paul Wright
- Alabama Restores Voting Rights to Some Ex-Prisoners
- Another Death in a Wisconsin Prison, by Gary Hunter
- PLRA Fee Payments Cease Upon Release from Prison
- Thirty-Two Years of Resistance: Free the Angola Three!, by Shana Griffin
- Thirty Years in Segregation May State Claim, by Michael Rigby
- First Circuit Holds ADA Title II Abrogated State Sovereign Immunity, by Bob Williams
- Prison Nation Wins Human Rights Award
- BOP, FBI Investigations in Texas, Oregon, Arizona, and California Federal Prisons, by Michael Rigby
- Sixth Circuit: Claims Against Parole Procedures Cognizable Under § 1983
- Disarray in Colorado: Prisoners Hurt by Host of Problems, by Bob Williams
- $475,000 Settlement for Wrongly Convicted Indiana Ex-Con
- Eighteen Indicted for Drug Smuggling and Weapons Possession Inside Puerto Rican Prisons, by Lonnie Burton
- Brooklyn MDC Guard Pleads Guilty to Raping Prisoner
- New York Prisoner Awarded $435,000 in Tire Accident
- The Soft Cage: Surveillance in America, From Slave Passes to the War on Terror, by Scott Christianson
- Asset Forfeiture Defense Manual, by John E Dannenberg
- California Parole Violators' Due Process Rights Upheld in Settlement
- Former Warden and Two Jailers Sentenced for Philadelphia Jail Beating
- Mississippi Death Row Conditions Unconstitutional; Sweeping Reforms Ordered, by Bob Williams
- Constitutional Amendment Effort Launched to Bar Florida's Prison Privatization, by David Reutter
- Canadian Prisoner Dies After Drinking Drug-Laced Vomit, Others Charged, by Michael Rigby
- Permanent Injunction Requires Full HCV Retreatment for Florida Prisoner, by John E Dannenberg
- Disabled Missouri Prisoner Awarded Backpay after Passing GED Test
- Brief Statement of Operative Facts Satisfies Texas Pleading Requirement
- Texas Prisoners Have Right to Judicial Review of Administrative Finding
- Jail Rape Results in Reduced Sentence
- Court Questions Federal Assault Conviction on Private Prison Guard
- A Culture of Prosecutorial Misconduct, by Peter Schmidt
- California Presentencing Credits Upheld For Jail Time in Another County, by John E Dannenberg
- Blind Prisoner Must Exhaust Administrative Remedies
- Impeding Grievance Exhaustion May Violate Access to Courts
- § 1983 Disciplinary Challenge Available to Parolee Because Habeas Would Be Moot, by John E Dannenberg
- Mentally Incapacitated Oregon Pretrial Detainees Denied Due Process
- Virginia Drug Treatment Program Still Violates Establishment Clause
- $108,352 Attorney Fee Award Approved in California Prisoner ADA/RA Suit, by John E Dannenberg
- Washington DOC/King County Settles Negligent Supervision Case for $3.1 Million
- Fighting for Fair Phone Rates, by Deborah M Golden
- Supplemental Parole Violation Warrant Filed After Sentence Expiration Illegal
- California Initial Cell Assignments By Race Upheld, U.S. Supreme Court Grants Review, by John E Dannenberg
- Wisconsin Pro Se Co-Plaintiffs Must Maintain Separate § 1983 Actions
- County May Be Liable for Private Prison's Customs and Policies, by Bob Williams
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More from Bob Williams:
- Ninth Circuit Reverses Suit Over Fees Charged Prepaid Debit Cards Given To Released Prisoners, April 1, 2020
- Safety at Any Price - Massachusetts Corrections Fiscal Failure , Sept. 22, 2015
- Tenth Circuit: Heck Not Applicable To Diversions; Notice Required Before Statute Of Limitations Dismissal, July 3, 2015
- No Rehearing For Disciplinary Actions Vacated On Substantive Grounds, July 15, 2011
- Treatment Required For Prisoners Committing Sex Offenses In Prison, July 15, 2011
- Tenth Circuit Reverses Lawsuit on Hygiene Versus Court Access for Second Time, June 15, 2011
- Shrinking Budgets Force States to Cut Corrections Spending, March 15, 2010
- Maryland: Parole Supervision Fee Likely Does More Harm than Good, Feb. 15, 2010
- One of Every 11 Prisoners Now Serving Life Sentence, Feb. 15, 2010
- Pennsylvania Contractor Prohibited from Using State and Federal Funds for Religious Purposes, April 15, 2009
More from these topics:
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- Eleventh Circuit Tells BOP Prisoner in Georgia: Bivens Is On “Endangered Species List”, Feb. 15, 2025. Staffing, Immunity/Liability, Staff Training, Bureau of Prisons (BOP), Civil Rights Actions or Offenses/Bivens Actions.
- Nearly $12 Million Paid to Mentally Disabled Indiana Prisoner Wrongly Convicted of Murder, Jan. 15, 2025. Disabled Prisoners, Prison/Jail Murders, Settlements, Wrongful Conviction.
- Video of Autistic Ohio Teen’s Jail Death Undercuts Sheriff’s Report Calling It Suicide, Jan. 15, 2025. Disabled Prisoners, Videotaping, Restraints, Wrongful Death, Suicides, Juvenile Offenses/Offenders.
- Pennsylvania Prisoner Released from Solitary After 15 Years, Jan. 15, 2025. Disabled Prisoners, Settlements, Americans with Disabilities Act, Control Units/SHU/Solitary Confinement.
- ICE’s Deadly Force Problem: A Culture of Impunity, Nov. 1, 2024. Immunity/Liability, Excessive Force (Police), Immigration Law/Offenses.
- Former Warden Added to Suit Over Brutal Killing of Disabled Virginia Prisoner, Sept. 15, 2024. Disabled Prisoners, Guard Brutality/Beatings, Excessive Force (Wrongful Death).
- California Court of Appeal Holds Defendant Suffering From ALS and Near Death Entitled to Compassionate Release, Sept. 1, 2024. Nervous System, Failure to Treat, Compassionate Release.
- Eighth Circuit Holds Right to Self-Representation Is Not Forfeited Based Solely on Defendant’s Repeated Assertion of Frivolous ‘Sovereign Citizen’ Arguments, Sept. 1, 2024. Sovereign Immunity, Judicial or Administrative Orders, Self-representation.