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Reconsider Using Graham v. Connor as the Basis for Training Police on Excessive Force

By William Goren on September 12, 2018
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…

Litigation over commas: How far Does Title II Extend?

By William Goren on April 16, 2018
Posted in ADA, Federal Cases, Title II

My colleague, Jon Hyman, has previously written about what can happen when commas are not used when they should be. You can find that blog entry here. Today’s blog entry raises the question as to what happens when a comma is used when perhaps it shouldn’t have been. The case is Haberle v.

Compliance with the ADA When Arresting and Qualified Immunity

By William Goren on July 27, 2016
Posted in ADA, Constitutional law, Title II

Today’s case discusses the issue of just when is an arrest out of compliance with the ADA. There is also a nice little bonus of qualified immunity as well. The case is Trujillo v. Rio Arriba County ex rel. Rio Arriba County Sheriff’s Department, 2016 U.S. Dist. LEXIS 96797 (D. N.M. June 15, 2016).…

City and County of San Francisco, California v. Sheehan Decided

By William Goren on May 19, 2015
Posted in ADA, Constitutional law, Federal Cases, Rehabilitation Act, Title II

Previously, I have blogged on the Sheehan case and its oral argument before the United States Supreme Court. Yesterday, the United States Supreme Court came down with the decision in this case, which can be found here:

As expected, they decided with respect to the ADA matter, that the writ of certiorari had been…

Police liability for ADA/fourth amendment violations comes to the Supreme Court

By William Goren on December 1, 2014
Posted in ADA, Constitutional law, Federal Cases, Title II

It has been awhile since the United States Supreme Court dealt with an ADA question. A fact I am happy with as predicting what the United States Supreme Court does with an ADA question is impossible since the ADA does not break down along traditional liberal conservative lines.

This particular blog entry focuses on a…

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  • What Notice is Required to Activate the Mandatory Reassignment Process Assuming a Mandatory Reassignment Process Exists in the First Place
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  • Stanley Decided
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  • What do you have to show to get compensatory damages under title II of the ADA
  • Why all colleges, universities, and graduate programs need to do the two-step (with apologies to the state of Texas): essential eligibility requirements and direct threat
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About the Author

William Goren is one of the country’s foremost authorities on the American with Disabilities Act (ADA) and the Rehabilitation Act of 1973. Since 1990, he has been advising on ADA compliance as both an attorney and professor—of which during his time as a full-time academic at various institutions in Chicago, he won numerous teaching awards and achieved tenure.

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