Prison Law Blog

Sara Mayeux

Posts Tagged ‘americans with disabilities act

North Carolina Lawsuit: Inmates with Disabilities Say They’re Effectively Barred from Sentence Reduction Credits

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Via the Crime Report, here’s a news item on a new lawsuit against the North Carolina prison system:

Brought on behalf of six inmates with disabilities, the lawsuit contends that the system for rewarding “sentence reduction credits” violates the Americans With Disabilities Act and other federal laws. Inmates in North Carolina can shave up to six days a month off their sentences by performing work assignments and earning education credits.

“We don’t think anybody in North Carolina should be serving additional time in prison simply because they’re living with a disability,” said Mary Pollard, the director of N.C. Prisoner Legal Services, which filed the suit.

Ninth Circuit: California Can’t Get Out of Obligations to Disabled State Prisoners By Housing Them in County Jails

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In the latest ruling in the ongoing Armstrong litigation over the rights of disabled California prisoners and parolees, a Ninth Circuit panel ruled last week that California has the same obligations to those it holds under contract in county jails as it does to those in state prisons. Calling the state’s arguments to the contrary “barely colorable, constituting attacks on manifestly valid regulations,” Judge Reinhardt’s opinion noted that “even in the absence of a regulation explicitly saying so, a State cannot avoid its obligations under federal law by contracting with a third party to perform its functions.” The opinion opens:

More than a decade and a half ago, disabled prisoners and parolees brought this action against the California officials with responsibility over the corrections system and parole proceedings. They sought accommodations to their disabilities that are required by the Americans with Disabilities Act, the Rehabilitation Act, and the Constitution. Defendants denied that they had any obligation to provide such accommodations, forcing plaintiffs to undertake years of litigation. Plaintiffs prevailed repeatedly in the district court and in this court. For most of the last decade, the litigation has been in a remedial phase.

Now, however, defendants are again denying any obligation to accommodate a set of disabled prisoners and parolees held under California’s authority. Defendants house significant numbers of prisoners and parolees in jails operated by California’s fifty-eight counties. Defendants contend that they have no responsibility for ensuring that any disabled prisoners and parolees that they so house receive accommodations. … That argument, and defendants’ other arguments contesting their obligations to their prisoners and parolees housed in county jails, are without merit. Accordingly, we affirm the portion of the district court’s decision that holds that defendants are responsible for providing reasonable accommodations to the disabled prisoners and parolees that they house in county jails.

However, the ruling was not a pure victory for the plaintiffs. The panel also found that there was insufficient evidence to support the district court’s sweeping remedial order, and remanded back to the district court for a fuller evidentiary hearing, though in a paragraph carefully spelling out for the plaintiffs what they need to do next: Read the rest of this entry »

Federal Lawsuit Challenges Ohio’s Treatment (or Lack Thereof) of Mentally Ill Offenders upon Release

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The Ohio Justice and Policy Center has filed a federal lawsuit claiming that Ohio violates both the Constitution and the Americans with Disabilities Act when it releases mentally ill offenders back into the community with insufficient follow-up care:

Advocates for prisoners and the mentally ill said they are suing to help not only the released prisoners, but also the taxpayers who must pay tens of thousands of dollars a year to keep them locked up when they commit new crimes and are sent back to prison.

They say the cost of providing treatment to a mentally ill person in the community is about $7,400 a year, compared to the $25,000 a year it costs to incarcerate them.

But instead of treatment, the lawsuit claims, ex-convicts with mental problems get $65 to $75, a bus ticket and two weeks of medication upon their release. The suit said many of those former inmates soon move into homeless shelters or drug-infested neighborhoods, where their mental health quickly deteriorates.

“Dumping prisoners with mental illness at homeless shelters creates a revolving door phenomenon,” said Bess Okum, staff attorney with the Cincinnati-based Ohio Justice and Policy Center, which filed the suit on behalf of nine current and former prisoners. “Many of these former prisoners commit new crimes because of their untreated mental illness.”

Written by sara

February 11, 2010 at 7:53 am

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