Police and Ada Powerpoint
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USING THE ADA AS A CIVIL RIGHTS ACTION FOR POLICE AND GOVERNMENT MISCONDUCT Getting Relief & Avoiding §1983 Obstacles I. DOCTRINES OF DIFFICULTY IN §1983 ACTIONS A. Qualified (“Good Faith”) Immunity B. Interlocutory Appeal C. Municipal Immunity D. Appellate Courts’ Propensity to Construe and (Mis)Interpret Facts E. Sovereign Immunity II. AMERICANS WITH DISABILITIES ACT (ADA) • TITLE I Employment • TITLE II Government programs & facilities • TITLE III Private sector programs & facilities ADAAG Rules !! • A) NO MUNICIPAL or “GOOD FAITH” IMMUNITIES • B) YES, THERE IS SOVEREIGN IMMUNITY --- BUT LIMITED ! SECTION 504 SAFETY NET • C) STANDING and CLASS ACTIONS v. VIRTUAL CLASS RELIEF > Person with disability > Perceived as > Associated with & Need not attempt vane act III. TITLE II POSSIBILITIES INSTEAD OF, OR IN ADDITION TO §1983 ACTION A. SELF-EVALUATION and TRANSITION PLAN B. JAIL and PRISONS 1. HIV (& improving health care overall?) 2. Suicidal and Mentally Ill Prisoners ADA HELPS INFORM §1983 STANDARDS? >>> And Remember: Section 504 Safety Net 3. Interpreters and Options & Accommodating Blind Inmates 4. Prison Litigation Reform Act (PLRA) Caveat 5. Private Prison and Jail Facilities Title III & §1983 (for damages) C. POLICE ACTIVITIES 1. Use of Force – big problem area 2. Suicide Calls for Assistance and Mental Health Emergencies – even bigger problem area 3. Interpreters and Options & Accommodating Blind Persons D. PAROLE & PROBATION – specialized case workers E. ADMINISTRATION OF JUSTICE A. Physical Access and Program Access at the Courthouse B. Juries – physical & proceedings & into the jury room C. Interpreters and options, yet again F. DAMAGES, JURY TRIALS & BURDEN OF PROOF G. ATTORNEY’S FEES, COSTS & LITIGATION EXPENSES (Better $$$ than §1988?) Other Rights of People with Disabilities Always check state law !!