The Blog of William D. Goren, J.D. LL.M.
Happy Fourth of July week everyone. Hope everyone had a great Fourth of July. I am sure many are taking the week off or having an extended holiday. Have fun and be safe.
Today’s blog entry is a three in one. In particular, we will talk about how do you figure out when a…
Did you know that persons with disabilities are undefeated at the Supreme Court when it comes to title II and title III matters? It’s true.
Let us explore the ADA and ADA related cases that have been before the United States Supreme Court since the ADA went into effect. If I have this figured right,…
In a previous blog entry, I discussed the case of Holmes v. Godinez. In that decision, which involved a class action brought on behalf of deaf inmates, the U.S. District Court for the Eastern District of Illinois said:
While it is true that typical ADA claims regarding employment must be brought under title…
I
Introduction
One of the most complicated topics around is the doctrine of sovereign immunity, which comes from England and says that the King cannot be sued without his consent. We have carried over this doctrine into our 11th amendment to the U.S. Constitution. As we have discussed previously numerous times, there are situations where…
Just what is the exposure to prisons with respect to discriminating against prisoners with disabilities? Prisons have several areas of exposure. First, if a prisoner is employed by the prison and suffers discrimination on the basis of a disability with respect to that employment, title I is involved. Second, the programs and activities of the…