Today’s blog entry is Short v. City of Rochester, which can be found here. In this case, a young black man with mental illness was killed by the police. His family sues for violation of the ADA, the Rehabilitation Act, and under §1983. The City of Rochester moved to dismiss all claims. For the
1983
If a Federal Courthouse is not Accessible to a Person With a Disability, What Remedies do They Have?
By William Goren on
Today’s blog entry is a case sent to me by Prof. Leonard Sandler, a clinical law professor at the University of Iowa. The case of the day is Wilds v. Akhi LLC decided on July 29, 2022 by Magistrate Judge Jones of the Northern District of Florida. It deals with the question of what happens…
ADA Mandates Deaf Access to the Criminal Justice System
By William Goren on
Posted in 1983, 504, ADA, Constitutional law, Federal Cases, Final Federal Regulations, Rehabilitation Act, Title I, Title II
Before we get to the blog entry of the week, a housekeeping matter. I will be out of the office from Friday evening and returning late Tuesday. So, a blog entry for the week after this will come up later in that week rather than earlier to middle of the week as is usually the…
Fourth Circuit Holds Gender Dysphoria is not Excluded by the ADA’s Gender Identity Disorder Exclusion
By William Goren on
Posted in 1983, ADA, Constitutional law, Federal Cases, Final Federal Regulations, Title I, Title II, Title III
We just moved our daughter into college this week and are back home now. Now, the roller coaster begins. So far so good. One thing I did realize is that I now have about an extra 15 hours per week I calculated. My brother says that I should get a new hobby, but I already…
A Twofer: What ADA Title Applies When Filing Interference Claims and Can You Use §1985 as a Workaround
By William Goren on
The blog entry that goes up for this week will be the last one before the week of August 29 as we will be taking our daughter off to college this coming Friday. She moves in the following week. So, no blog entry the week after this one and this one counts for the week…
Is ADA Title II, III Tester Standing a Thing Anymore?
By William Goren on
Posted in 1983, ADA, Constitutional law, Fair Housing Act, Federal Cases, Rehabilitation Act, Title II, Title III
There must be an art to reading what is really going on by the questionings of Justices at oral argument. If there is such an art, I haven’t mastered it yet. Case in point, we previously discussed a case that appeared to raise the question of whether Chevron deference would survive, here. On June…
Did the Supreme Court Actually Clarify Qualified Immunity in City of Tahlequah v. Bond?
By William Goren on
Before turning to today’s blog entry, I want to wish everyone a Merry Christmas, a happy holiday season, and a happy new year. Also, be safe.
Today’s blog entry is really short. Recently, I came across a legal blog entry suggesting that the Supreme Court had clarified the doctrine of qualified immunity in a…