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Fourth Circuit: ADA Relief Claims Improperly Dismissed in Virginia
by Mark Wilson
On July 20, 2020, the U.S. Court of Appeals for the Fourth Circuit reversed a lower court’s dismissal of a Virginia prisoner’s Americans with Disabilities Act (ADA) claim stemming from the denial of a prison job.
In 2006, Virginia prisoner Douglas Fauconier was diagnosed with myasthenia gravis, ...
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More from this issue:
- The Way Prisoners Flag Guard Abuse, Inadequate Health Care and Unsanitary Conditions Is Broken, by Shannon Heffernan
- Collateral Consequences of Mass Incarceration, by Edward Lyon
- New York Parole System Badly in Need of Repair, by Kevin Bliss
- From the Editor, by Paul Wright
- Pandemic Update: News on Vaccines and Prison and Jail Staffing, by Michael D. Cohen, MD
- Urgent Need for Vaccine Administration in Prisons, Jails and Detention Centers, by Maya Chaudhuri, Aaron Littman, Sharon Dolovich
- Almost 300,000 Fell Ill and 2,000 Died from COVID-19 in U.S. Jails, Prisons, by Derek Gilna
- California Loses Round in Legal Fight to Deny Parole Based on Gang Affiliation, by David Reutter
- Was Indiana Women’s Prison Willfully Ignorant About COVID-19 Numbers?, by Matthew Clarke
- How a Private Prison Company’s Defamation Suit Against One of Its Critics Backfired, by Madison Pauley
- After $625,000 Settlement, Oregon Deputy Charged in Assault of Prisoner, by Mark Wilson
- Pinellas County, Florida Sheriff’s Office Sued in Federal Court for Treatment of Transgender Prisoner, by Derek Gilna
- Federal Judge Slaps ICE, GEO Group Over “Abominable Performance” and Officials Who Lied During Testimony, by David Reutter
- No Summary Judgment on Oregon Prisoner’s Retaliatory Termination Claim, by Mark Wilson
- Minnesota State and Federal Prisoners COVID Case Surge Sparks ACLU Lawsuit, by Derek Gilna
- Missouri Prisoner Pleaded for Release Before Dying of COVID-19, by Daniel A. Rosen
- Ninth Circuit Finds California Prisoner’s Administrative Remedies Effectively Unavailable, by Mark Wilson
- Fourth Circuit Holds Prisoner’s Indefinite Period of Solitary Confinement at Virginia Supermax May Amount to Atypical and Significant Hardship, by Matthew Clarke
- Federal Educational Aid Restored for State and Federal Prisoners, by Dale Chappell
- Progress Made in Fight Against Prison Gerrymandering But Battle Continues, by Douglas Ankney
- COVID-19: What Texas Must Do to Save Prisoners’ Lives, by Edward Lyon
- Ninth Circuit Reverses Lower Court’s Dismissal of California Prisoner’s Religious Freedom Lawsuit, by Mark Wilson
- Minnesota Prison Guard Fired for Excessive Force After Brawl Linked to Floyd Protests, by Anthony Accurso
- New Details Emerge on Senseless Death in a Milwaukee, Wisconsin Jail, by Jayson Hawkins
- $1.1 Million Settlement in Kentucky Jail Sex Abuse Suit, by David Reutter
- Justice Department Report Documents Brooklyn Metropolitan Detention Center’s Poor Response to COVID-19 Crisis, by Kevin Bliss
- Global Tel*Link Hit with Sanctions For Discovery Violations in Georgia Prison Call Class Action, by Derek Gilna
- Federal Judge in Georgia Grants Class Action Status to Prisoners’ Suit Against Global Tel*Link
- Fourth Circuit: ADA Relief Claims Improperly Dismissed in Virginia, by Mark Wilson
- Private Prison Companies Face Stock Crash, Credit Crunch, by Matthew Clarke
- Former BOP Director Norman Carlson, Who Developed Supermax Model, Dies at 86, by Kevin Bliss
- Arizona Pays Prisoners Pennies on the Dollar to Fight Fires, All in the Name of Saving Money, by Dale Chappell
- Mellon Foundation to Provide $5.25 Million in Program to Distribute Books to Prisoners, by Douglas Ankney
- Experts Find “Deplorable” Conditions at Mississippi’s Parchman Prison, by David Reutter
- ICE Refused Help in Containing Coronavirus in New Mexico Detention Centers, by Kevin Bliss
- Troubled Ohio Jail Faces Two More Lawsuits, by Matthew Clarke
- Pennsylvania Correctional Emergency Response Teams Face New Scrutiny in “Noose” Controversy, by Derek Gilna
- New Mexico Corrections Pays $1.4 Million to Settle Whistleblower Complaint Alleging Retaliation for Exposing Deficiencies in Corizon Medical Care, by Douglas Ankney
- Child Sexual Abuse: It’s Never Too Late to Speak Out, by Darrell Cochran
- No-Show Prison Workers Cost Mississippi Taxpayers Millions, by Alysia Santo, Joseph Neff
- Ninth Circuit Holds Intermediate Scrutiny Applies in Challenges to Facially Discriminatory Prison Regulations, by Matthew Clarke
- Overtime Payouts in California Prison System Approach $500 Million, by Daniel A. Rosen
- Florida State Prisons Scrub Key COVID Data From Website, Obscuring Magnitude of Inmate Deaths and Infections, by Laura Cassels
- Idaho Supreme Court Holds Prisoners Have No Right to Paid or Unpaid Employment, by Matthew Clarke
- Legislative Exemption Let Fired Alaska Cop Be Rehired as Jailer, by Edward Lyon
- Prisoners Paid $2 Per Hour to Move COVID-19 Corpses in El Paso, Texas, by Matthew Clarke
- NY Federal Court Denies Summary Judgment on Claims of Improper Medication Seizure, Evidence Fabrication, Improper Frisk During Prison Visit, by Matthew Clarke
- Minnesota Man Out of Prison After Being Exonerated of Murder, by Edward Lyon
- $4.65 Million Settlement for Florida Female Prisoner Left Quadriplegic After Brutal Beating by Guards, by David Reutter
- Federal Court Again Orders California DOC to Remedy Continuing ADA Violations, by Derek Gilna
- Decline in South Dakota State Prisoners Not Due to COVID, by Edward Lyon
- DOJ Report: Carceral Population Falls, 2017-2018, by Matthew Clarke
- COVID-19: The Politics of Prisoner Vaccination, by Kevin Bliss
- Sixth Circuit Affirms Tennessee DOC’s Hepatitis C Treatment Due to Lack of Funds, by David Reutter
- News in Brief
More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
- Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
- Hearing-Impaired Massachusetts Prisoners Win ADA Case, July 1, 2024. Deaf Prisoners, Americans with Disabilities Act.
- $175,000 Awarded to Former California Detainee Whose Suit Prompted DOJ Investigation and Settlement Requiring Structural Changes at Jail, April 26, 2024. Disabled Prisoners, Failure to Treat, Jail Specific, DOJ CRIPA Actions, Americans with Disabilities Act.
- Fourth Circuit: South Carolina Prisoner’s Bivens Claim Must Detail Unconstitutional Acts of Each Defendant, April 26, 2024. Complaints, Civil Rights Actions or Offenses/Bivens Actions, Dismissal.
- Third Circuit Revives Disabled New Jersey Prisoner’s Claim for Deprivation of Walking Cane, April 1, 2024. Disabled Prisoners, Americans with Disabilities Act, Rehabilitation Act, Eleventh Amendment Immunity, Deliberate Indifference.
- Ninth Circuit Says Federal Prisoner in California May Have Bivens Claim for Delays in Medical Care Allegedly to Cover Up Assault by BOP Guard, April 1, 2024. Retaliation for Filing Grievances, Failure to Protect (General), Guard Brutality/Beatings, Pepper Spray/Tear Gas, Dismissal, Medical Treatment/Expenses.
- Seventh Circuit Reinstates Wisconsin Prisoner’s ADA Claim for Untreated Knee Injury, March 1, 2024. Failure to Treat, Bedding, Complaints, Americans with Disabilities Act, Sufficiency of Pleadings, Deliberate Indifference.
- DOJ Finds ADA Violations in Arizona Prisons, Demands Improvements, March 1, 2024. Corrections Audits, Vision, DOJ CRIPA Actions, Americans with Disabilities Act.
- Eighth Circuit Remands ADA Claims—But Not Constitutional Claims—of Paralyzed Arkansas Jail Detainee, March 1, 2024. Failure to Treat, Jail Specific, Americans with Disabilities Act, Deliberate Indifference.
- Subclass Certified and Settlement Proposed to Address ADA Violations at Long-Plagued San Diego County Jails, Feb. 1, 2024. Disabled Prisoners, Jail Specific, Americans with Disabilities Act.
- Second Circuit Strips Qualified Immunity from Connecticut Officials Who Ignored Prisoner’s Scalp Lesions, Jan. 1, 2024. Skin, Failure to Treat, Infections, Qualified Immunity, Medical Expenses/Treatment, Dismissal, Deliberate Indifference.