Classification and separation.

PositionBrief Article

U.S. Appeals Court


Chisolm v. McManimon, 275 F.3d 315 (3rd Cir. 2001). A hearing-impaired detainee brought a suit against the warden of a pretrial detainment facility and county court system, alleging violations of the Americans with Disabilities Act (ADA), Rehabilitation Act, [section] 1983 and a state discrimination law, for failing to provide an interpreter and other services. The district court granted summary judgment for the defendants and the detainee appealed. The appeals court reversed and remanded, finding that the county court System was not entitled to Eleventh Amendment immunity during an ongoing merger with the state court system. When the detainee arrived at the detention facility on a Satarday, he was locked down in his cell to keep him apart from the general population until Monday when facility classification staff arrived. This practice was applied to all detainees admitted when classification staff members were not working at the facility. Such unclassified detainees consumed...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT