Thompson v. Davis.

PositionCIVIL RIGHTS - Brief Article

U.S. Appeals Court

EQUAL PROTECTION

PAROLE

ADA -- Amer. with Disabilities Act

Thompson v. Davis, 282 F.3d 780 (9th Cir. 2002). State prisoners with substance abuse histories brought an action seeking prospective and injunctive relief against state parole officials, alleging that the officials followed an unwritten policy of automatically denying parole to prisoners with substance abuse histories, in violation of the Americans with Disabilities Act (ADA). The district court dismissed the action and the prisoners appealed. The appeals court reversed, finding that the prisoners' complaint adequately alleged that they were disabled and were qualified for the public benefit they sought (consideration for parole), and that...

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