U.S. District Court: FAILURE TO PROVIDE CARE WHEELCHAIR ADA. Americans with Disabilities Act.

PositionPrisoners and prisons - Brief Article

Hallett v. New York State Dept. of Correct. Serv., 109 F.Supp.2d 190 (S.D.N.Y. 2000). A former inmate brought an action against state correctional officials alleging he was denied access to special programs while incarcerated due to his status as an HIV-positive amputee, in violation of the Americans with Disabilities Act (ADA), the Rehabilitation Act and state laws. The district court dismissed the case in part. The court found that the Eleventh Amendment did not provide immunity for officials for alleged violations of ADA and the Rehabilitation Act. The court found that the inmate's allegations that he was denied entrance into a shock incarceration program and work release programs due to his disability supported claims for alleged violations of ADA and the Rehabilitation Act. The court held that...

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