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Sixth Circuit: No Eleventh Amendment Immunity When ADA Claim Includes Fourteenth Amendment Violations
Loaded on July 15, 2010
by Matthew Clarke
published in Prison Legal News
July, 2010, page 48
by Matt Clarke
Filed under:
Discrimination,
Disabled Prisoners,
Americans with Disabilities Act,
Eleventh Amendment Immunity,
Qualified Immunity.
Location:
Michigan.
On January 5, 2010, the Sixth Circuit Court of Appeals upheld a Michigan district court’s denial of Eleventh Amendment immunity for a claim involving both a violation of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131, et seq., and the Equal Protection Clause of the ...
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More from this issue:
- Celebrity Justice: Prison Lifestyles of the Rich and Famous, by Matthew Clarke
- California Uses $1.08 Billion in Federal Stimulus Funds to Pay Prison Guard Salaries, by Michael Brodheim
- From the Editor, by Paul Wright
- New Medical Director at Texas Jail Previously Sanctioned
- U.S. Supreme Court to Review California Prison Population Reduction Orders, by John Dannenberg
- Florida Prison Psychiatrist Resigns; License Revoked Over Sex with Patient, by David Reutter
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- Convictions Upheld in Appeal of Lynne Stewart, Attorney to Blind Sheikh, but Case Remanded for Resentencing, by Justin Miller
- Texas Youth Commission Ombudsman Resigns Following Smuggling Indictment, by Matthew Clarke
- Kentucky Lethal Injection Protocol Adopted in Violation of APA, by Brandon Sample
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- Eighth Circuit Upholds $2,501 Retaliation Judgment Against Arkansas Prison Guard
- Indiana Sex Offender Registration Law Can Not Be Retroactively Applied
- Valley Fever Cases at California Prison Increase in 2009
- Release Conditions Requiring Defendant to Tell Probation Officer about Romantic Relationships Vacated
- Only Three States in Compliance with Unfunded Federal Sex Offender Mandates, by Matthew Clarke
- DNA Exonerations in Georgia Result in Disparate Compensation Awards, by David Reutter
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- U.S. Department of Justice Releases Report on HIV in Prisons
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- Virginia Sheriff’s Office, PHS Settle Wrongful Death Suit for $1.6 Million
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- The Politics of Death: Throwing Mumia Abu-Jamal Under the Bus, by Dave Lindorff
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- Rhode Island Supreme Court Holds Temporal Requirement of ‘Recent Fabrication’ Exception to Hearsay Rule Not Satisfied and Scribbled Note Made by Child Victim of Sexual Abuse Years After Alleged Events Not ‘Excited Utterance’, Oct. 1, 2024
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More from these topics:
- First Circuit Affirms Qualified Immunity for Massachusetts Officials Who Held Prisoner in Solitary for Two Years Without Hearing, Sept. 15, 2024. Qualified Immunity, Control Units/SHU/Solitary Confinement, Hearings.
- Former Warden Added to Suit Over Brutal Killing of Disabled Virginia Prisoner, Sept. 15, 2024. Disabled Prisoners, Guard Brutality/Beatings, Excessive Force (Wrongful Death).
- Intellectually Disabled Georgia Prisoner Executed After SCOTUS Denies Appeal, Aug. 15, 2024. Disabled Prisoners, Death Penalty, Appeals/Appellate Jurisdiction.
- The Catch-22 of Qualified Immunity, Aug. 15, 2024. Police Misconduct, Qualified Immunity, Immunity - Absolute and Qualified.
- Third Circuit Denies Qualified Immunity to Pennsylvania Jail Guards and PrimeCare in Detainee’s Overdose Death, July 1, 2024. Primecare Medical, Drug Overdose, Qualified Immunity, Medical Neglect/Malpractice.
- Hearing-Impaired Massachusetts Prisoners Win ADA Case, July 1, 2024. Deaf Prisoners, Americans with Disabilities Act.
- Eighth Circuit Largely Restores Qualified Immunity to Minnesota Jail Guards in Use of Force on Bipolar Prisoner, July 1, 2024. Guard Brutality/Beatings, Qualified Immunity, Immunity - Absolute and Qualified.
- Eighth Circuit Says Lower Court “Tilted the Scales Too Far” for Jailers in Missouri Detainee’s Fatal Overdose, May 1, 2024. Drug Overdose, Qualified Immunity.
- Qualified Immunity Denied to Former New Mexico Warden in Prisoner’s Sexual Abuse Claim, May 1, 2024. Staff-Prisoner Assault, Discovery, Qualified Immunity, Supervisory Liability, Immunity - Absolute and Qualified.
- Second Circuit Grants New York Officials Qualified Immunity for Prisoner’s Stolen Sentence Credits, May 1, 2024. Education, Good Time, Overdetention, Qualified Immunity.