Disability Advocates, Inc. v. McMahon.

• Position: Cases of medical care - Brief Article

U.S. District Court

DUE PROCESS

PRETRIAL DETENTION

ADA -- Americans with Disabilities Act

Disability Advocates, Inc. v. McMahon, 279 F.Supp.2d 158 (N.D.N.Y. 2003). An advocacy group for disabled persons, and an individual subjected to a mental hygiene pickup, brought an action under the Americans with Disabilities Act (ADA) and the Rehabilitation Act, alleging that the state criminalized mental hygiene pickups by treating or labeling them as arrests, thereby discriminating against persons with mental disabilities. The district court granted summary judgment for the defendants. The court held that the custodial detention of a mentally ill person constituted an "arrest" but that the detention did...