This week’s blog entry deals with what is a program under Title II of the ADA, and it also discusses the distinction in causation between the ADA and §504 of the Rehabilitation Act. The case of the day is Decker v. Commonwealth of Pennsylvania Department of Corrections, here, a non-precedential decision decided by the
Eighth Amendment, Title II, and Nondelegable Duty
Today’s blog entry is a published decision from the Third Circuit, Montanez v. Price, here decided on October 8, 2025 (which was my birthday). It discusses a series of issues, including: the Eighth Amendment; what is a program, service, and/or activity; and nondelegable duty. More specifically, the blog entry is divided into the following categories
A doubleheader: Federal Court Accessibility and Tribal Sovereign Immunity
Today’s blog entry comes to me courtesy of Prof. Leonard Sandler, a clinical law professor at the University of Iowa. He sent me the case of Goldup v. Casino decided by the United States District Court for the Southern District of California on January 31, 2025. There are two aspects of the case, which can
Trial Judge Gets Hammered for Not Accommodating a Probable Disability of Trial Counsel and the ADA Not Even Involved
I started writing this blog on election day, which turned out to be very interesting by the end of it with President Trump winning both the popular and electoral votes. Of course, the next question is what does that election mean for persons with disabilities. We don’t know, but a few immediate thoughts come to
Retaliation, Sovereign Immunity, and Title I
Today’s blog entry is going to be a short one. One of the issues we have discussed quite a bit in a variety of contexts is sovereign immunity. What happens when the claim is retaliation and sovereign immunity is involved? Does sovereign immunity get forcibly waived in that situation? A case answering this question is
Court Says Reasonable Accommodation Request Must Relate to Essential Job Functions, But Did it Really Have to Draw That Conclusion?
Today’s blog entry is one of those situations where I read a case and asked myself whether the court could have gotten to the same place more elegantly than the way it did. The case of the day is Bruno v. Chasity Wells-Armstrong, here, decided by the Seventh Circuit on February 23, 2024. As
Retaliation and Sovereign Immunity
Normally, as you all know, I don’t blog on more than one case in a week. However, I will be out of town the first part of next week, and I generally prefer to get blog entries up at the beginning of the week. I am also headed out of town the following week as
Carrying Gun as an Essential Function of the Job
Picture: A glock pistol, set against a dark background, standing up with barrel pointed down on a brown hardwood floor with its magazine lying next to it.
This blog entry will be the last substantive blog entry of the year. The next blog entry for the calendar year will be my greatest hits and other
Is There a Remedy When a State Court Judge Discriminates Against an Individual by Reason of Their Disability
At least once a month, I get a phone call where a judge is treating a person with a disability in their courtroom in a hostile way. The person always wants to know what can be done about it and whether judges are allowed to do that. I have talked before going after the judiciary
A Twofer: What ADA Title Applies When Filing Interference Claims and Can You Use §1985 as a Workaround
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