I have been blogging since December 2011. In all that time, with the exception of a winter break, I have never taken two weeks off. I do have a reason for doing so here. First, we had Labor Day weekend and then working with co-counsel, David Llewellyn, we had to move things to file a
Vicarious liability
Compliance with the ADA When Arresting and Qualified Immunity
By William Goren on
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).…
Sheehan Oral Argument; This one is Wild
By William Goren on
Yesterday, the United States Supreme Court heard oral argument (the transcript can be found here), in Sheehan v. City and County of San Francisco, which I discussed in this blog entry. I’ve got to admit that this argument did not go anyway along the lines that I thought it would and here is…
Suing state court system redux
By William Goren on
One of my more popular blog entries is the blog entry that discusses suing a state court system for disability discrimination . Here is another case along those lines. In Phillips v. New Hampshire Circuit Court, Eighth Circuit, District Division, 2014 WL 495656 (D. N.H. February 5, 2014) (unpublished decision), the plaintiff had a…
Police response and ADA liability part two
By William Goren on
In a prior blog entry, I discussed a situation where the police intentionally aggravated a person with a disability pre-existing condition eventually leading to that person’s death. The court in that case held that the police force could be liable for violating title II of the ADA. This particular blog entry will once again…