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Thread: Where to find ADA laws for incarceration/Jail

  1. #1
    Senior Member ChopperChick's Avatar
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    Where to find ADA laws for incarceration/Jail

    Mike broke his leg in jail. He was in a cell that was not ADA compliant. They would not get him a commode. His leg has ro heal for a year They would not listent o him for 3 days when he said he broke his leg. Where can I review any ADA laws with regard to this so I can document everything??

  2. #2
    There are no standards for jail cells or prisons that I know of. Applicable laws would be those applying to government entities and public accomodations.

    Access to health care is not covered under the ADA directly. His attorney should be addressing these issues with the jail.

    (KLD)

  3. #3
    http://findarticles.com/p/articles/m...1/ai_n8858921/

    Article that references a case that says the ADA applies to state prisons. County jail is required to provide services under the ADA as well. Not treating someome with a broken leg probably also violates the "cruel and unusual" punishment clause. (not a lawyer)

    There is a loophole: Title II of the ADA governs how correctional facilities are to make their programs accessible. Program access is not required when it poses a
    direct threat to the health or safety of others.

    I would get a lawyer.

  4. #4
    Senior Member ChopperChick's Avatar
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    We have a lawyer and this is what he is saying... and this is what he sent me.... Where can I find the cruel and unusual punishment clause?

    What I am looking for are 2 things:
    1. to file a case in federal court I am looking for a list of all things
    the Sheriff's office did wrong with Michael and also why you believe that
    these "wrongs" violated what laws - particularly ADA.

    2. I wanted to approach the County council's office with a list of things
    that would help Michael prior to filing a lawsuit. Let me know what would
    be helpful.

  5. #5
    Senior Member skippy13's Avatar
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    Not to sound cruel or anything but Item number three should be keep mike out of jail.
    Anything worth doing, is worth doing to excess

  6. #6
    Senior Member ChopperChick's Avatar
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    Not Cruel at all

    Thanks for the laugh I am just glad I am not getting bashed for not being more informed on the laws. I did post here when the broken leg happened and it was almost a year ago now...

  7. #7
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    You never followed up on that, how did he make out? (well, broken leg obviously .....)
    T7-8 since Feb 2005

  8. #8
    Senior Member ChopperChick's Avatar
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    It is still healing and it is all distorted. He hasn't been able to even get in the standing frame so not he has to take medicine for osteoporosis etc. etc... Also, his leg doesn't rest right in the chair

  9. #9
    Senior Member Foolish Old's Avatar
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    http://www.ada.gov/ Scroll down on the right hand side of the webpage.

    Look for the heading "State and Local Governments". There are several links there that you may find helpful. Title II is the governing section.


    Quote Originally Posted by ChopperChick View Post
    Mike broke his leg in jail. He was in a cell that was not ADA compliant. They would not get him a commode. His leg has ro heal for a year They would not listent o him for 3 days when he said he broke his leg. Where can I review any ADA laws with regard to this so I can document everything??
    Foolish

    "We have met the enemy and he is us."-POGO.

    "I have great faith in fools; self-confidence my friends call it."~Edgar Allan Poe

    "Dream big, you might never wake up!"- Snoop Dogg

  10. #10
    This ought to come in handy:

    A Jailhouse Lawyer's Manual -- Chapter 28: The Rights of Prisoners with Disabilities (PDF)


    While this doesn't necessarily address your issues, here's a settlement agreement between the DOJ and a county jail with regard to violations of the ADA Title II. It might help point your lawyer to something he can use:

    Cheatham County Jail, (TN)

    FWIW, there may be timing problems with pursuing a remedy in a federal court -- you only have 180 days from the date of the incident to file a complaint about Title II discrimination with the DOJ. I'm not sure if/how this would affect you, but it probably wouldn't hurt to have your lawyer contact the Justice Dept. at (800) 514-0301 for guidance about filing your case. (Source)
    It is easier to find men who will volunteer to die, than to find those who are willing to endure pain with patience.

    ~Julius Caesar


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