Ada Rehabilitation Act and Section 1983 Chart 2008
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Constitutional Litigation October 9, 2008 ADA, Rehabilitation Act and Section 1983 Americans with Disabilities Act (42 U.S.C. § 12131) Entity is liable Rehabilitation Act (29 U.S.C. § 794) Section 1983 (42 U.S.C. § 1983) Entity is liable Individuals are liable Standard “reasonable accommodation” “reasonable accommodation” “deliberate indifference” Sovereign immunity no immunity when constitutional right is implicated (United States v. Georgia, 546 U.S. 151, 155 (2006)) No immunity no immunity when entity accepts federal funds State is immune from suits for damages no immunity when entity accepts federal funds Exists unless plaintiff can prove “custom, policy or practice” violated civil rights (Monell v. Department of Social Servs of City of New York, 436 U.S. 658, 690-91 (1978)) Exists unless plaintiff can prove 1) constitutional right was clearly established at time of violation, 2) defendant’s action was objectively unreasonable (See, e.g., Harlow v. Fitzgerald, 457 U.S. 800 (1982) Who is liable? Municipal immunity Qualified immunity No immunity No immunity Other Have to prove plaintiff is disabled. Requires showing “major life activity” is substantially impaired by physical or mental condition. Have to prove plaintiff is disabled (same test as ADA) and entity accepts federal funding.