Skip navigation
Prison Legal News
× You've used up your 3 free articles for this month. Subscribe today.

Supreme Court: Prisoners' ADA Right to Sue for Damages Trumps State's Sovereign Immunity

Loaded on March 15, 2006 published in Prison Legal News March, 2006, page 14
Filed under: Disabled Prisoners, Federal Statutory Law, Americans with Disabilities Act, Eleventh Amendment Immunity, Sovereign Immunity, PLN Litigation. Location: Georgia.
by John E. Dannenberg

The United States Supreme Court unanimously ruled that the private cause of action created by the Americans With Disabilities Act (ADA) (42 U.S.C. § 12131 et seq.), which permits disabled state prisoners to sue prison officials for damages resulting from violation of prisoners' Constitutional rights, takes ...

 

Full article and associated cases available to subscribers.

As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.

Subscribe today

Already a subscriber? Login

More from this issue:

  1. Federal Court Seizes California Prisons' Medical Care; Appoints Receiver With Unprecedented Powers
  2. Ten Deaths At San Quentin from Macabre" Healthcare
  3. California Prison Doctor Suspended Following Three Prisoner Deaths
  4. From the Editor
  5. Los Angeles County Pays $900,000 to Parents of Murdered Informant in Jail
  6. NY DOC's 60% Telephone Call Surcharge" Violates First and Fourteenth Amendments
  7. Dallas Fake Drug Cases Settle For Millions, Jury Awards Damages
  8. Wisconsin Prison Employee Raped By Prisoner Awarded $366,000
  9. New York City Pays $75,000 for 28.5 Days False Imprisonment
  10. Supreme Court: Prisoners' ADA Right to Sue for Damages Trumps State's Sovereign Immunity
  11. Michigan Jail's Disproportionate Treatment of Women Results in $855,000 Settlement Agreement
  12. Texas Legislature Requires HIV Testing for Prisoners, by Gary Hunter
  13. Texas Prisoners Again Have Limited Right to Appear in Civil Cases
  14. New York City Jail Strip Search Suit Settles For $30 Million
  15. Florida Awards $2 Million to Wrongfully Convicted Man
  16. California Enacts Strong Sexual Abuse in Detention Elimination" Act
  17. Police Department Class Action Fraud Suit Filed Against Stun Gun Maker
  18. New Mexico Jail Prisoners Raped by Judge and Guards Settle for $890,000
  19. PLN Questions John Ashcroft on the Death Penalty
  20. Wackenhut Settles Pennsylvania Suicide Suit For $125,000
  21. Appointment Of Counsel Ordered To Determine California Prisoner's Request For Post-Appeal DNA Testin
  22. Washington Jail Pays Teenager $400,000 for Rape While Imprisoned
  23. New York Governor Illegally Halts the Release of 12 Sex Offenders
  24. BOP Enjoined from Terminating Boot Camp Program
  25. Sixth Circuit Upholds Michigan Ban On Prisoner Appeals of Discretionary Denials of Parole
  26. Wrongfully Imprisoned D.C. Disabled Man Settles Suit For $1.74 Million
  27. Former Riker's Island Head Goes to Prison
  28. $3.6 Million Awarded in Rape and Murder by Erroneously Released NY Prisoner
  29. BOP Awards Unisys Corp. Nationwide Prison Phone Contract
  30. Federal Government Bans Medicaid Impotence Drugs for Sex Offenders
  31. BOP Secret Squirrel Photo File" Suit Remanded
  32. New York Jail Prisoner Injured In Assault Awarded $750,000
  33. Rebellion at CCA Prison in Texas
  34. Arkansas Juvenile Prisons Cornell Kills a Prisoner, Hires Guard DOC Fired
  35. Washington State Forensic Scientist Helps Convict the Innocent, FBI Assists
  36. Avalon Correctional Services Delisted From NASDAQ
  37. Civil Commitment of Massachusetts Sex Offenders Expanding
  38. California Lifer's Understanding of Plea Agreement Does Not Create Entitlement to Parole
  39. York County, Maine, Settles Class Action Strip-Search Suit for $3,300,000
  40. Florida DOC's Copy Cost Assessment Rule Declared Invalid, by David Reutter
  41. New Jersey's Legal Mail Policy Enjoined; Qualified Immunity Granted
  42. Michigan Jail Settles Suicide Suit for $280,000
  43. Pre-Trial Defendant Released on Recognizance Is Not Subject to Warrantless Search Without Probable C
  44. Los Angeles County Pays Prisoner $42,500 for Legal Malpractice by Public Defender
  45. California Pays Innocent Prisoner $328,000 for Nine Years in Prison, by John Dannenberg
  46. California DOC Watched Over by Toothless Bureau of Independent Review
  47. New Jersey Settles Prisoners Freedom of Religion Suit
  48. COPS Program Fails To Arrest Crime, Funding Improprieties
  49. Withholding Legal Mail States Legal Access Claim
  50. Florida Closes Scandal Ridden Girls Facility, Takes Over Control of Another Juvenile Facility
  51. Theft of Prisoners Book by Guards Valid Legal Basis for Texas Civil Suit
  52. Nebraska Supreme Court Reverses Dismissal of Prisoners Drug Testing § 1983 Claim
  53. Fourth Circuit Reverses $35,934.66 Habeas Fee Award; Habeas Corpus Not Civil Action Under EAJA
  54. Court Orders Mob Boss Released from SHU
  55. New York Jail Detainee Awarded $233,000 in Damages and Fees for Excessive Force Claim, by David Reutter
  56. Sixth Circuit PLRA Fee Set at $169.50 Not $135
  57. Qualified Immunity on FRCP 12(b)(6) Motion Faces Formidable Hurdle in Hepatitis Case
  58. Washington Settles Prisoners Medical Indifference Suit for $370,000
  59. News in Brief
  60. Ninth Circuit Reverses Dismissal of ADA Suit for Failure to Exhaust

More from these topics: