When Cummings v. Premier Rehab Keller was decided, discussed here, it was inevitable that eventually courts would start addressing the issue of whether Title II of the ADA allows for emotional distress damages. During Cummings oral argument, a couple of the Justices anticipated that, and court decisions are beginning to come on this issue. The
When Can Public Officials Delete Citizen Posts or Block Citizens From Commenting on Social Media Sites
By William Goren on
Today’s blog entry does not have anything to do with people with disabilities per se. However, people with disabilities like anybody else do have the right to express their support or displeasure with public officials. That of course leads to two questions. First, what happens if the website where they can post comments is not…
ADA and §504 Claims in Excessive Force Cases
By William Goren on
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…
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 Statute of Limitations and What Does Due Process Look Like at a Public College or University
By William Goren on
Posted in General
Today’s blog entry explores the question of when does a statute of limitations begin to run in an ADA case not dealing with a failure to accommodate. It also explores the question what might an ADA grievance procedure look like. Our case of the day is Endres v. Northeastern Ohio Medical University decided by the…
Lewis v. Union City Yet Again
By William Goren on
Posted in General
Another Arrow in the Bag for Plaintiffs when it Comes to Disability Discrimination by Governmental Entities
By William Goren on
Posted in General
Before getting started on the blog of the week, I want to express my condolences to the Bush family on the passing of George H.W. Bush. He signed the Americans With Disabilities Act on June 26 of 1990. His son also has a powerful legacy in that regards as he signed the ADAAA. Simply put,…
Reconsider Using Graham v. Connor as the Basis for Training Police on Excessive Force
By William Goren on
Posted in General
Before starting the blog entry of the week, I want to wish all my Jewish brethren a happy new year. Here is hoping that it is a healthy, happy, and successful new year for you and your families.
It seems in Georgia that there is an epidemic of police shootings. In fact, I read the…
Just When Does the Statute of Limitations BEGIN to Run in ADA Cases
By William Goren on
I hope everyone is having a happy holiday season. In Atlanta, we got a few inches of snow. So, my daughter was outside playing in the snow and having snowball fights with her friends. She even got in a couple of snowballs thrown at me. The nice thing about it being in Atlanta was that…
Did You Know that an Exhaustion Requirement for Title II and §504 Exists? Me Neither…
By William Goren on
I bet you didn’t know that in some circumstances title II and §504 may contain an exhaustion requirement. The reason I’m guessing you didn’t know is that until I saw this case, Sierra v. School Board of Broward County, 2017 U.S. Dist. LEXIS 62498 (S.D. Fla. April 20, 2017), it hadn’t occurred to me…