Your Rights in Jail With Developmental Disabilities
- Two federal statutes protect the rights of disabled prisoners: the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act.
- The Americans with Disabilities Act defines disability as: "a physical or mental impairment that substantially limits one or more of the major life activities of such individuals [who have] a record of such an impairment; or being regarded as having such an impairment."
- Judges depend upon the legal definition of disability and the facts in each case to determine whether an individual meets the necessary criteria.
- In the past decade, federal courts have overturned rulings by state courts which did not award damages to disabled prisoners who had been denied medical treatment or supplies.
- Federal law prohibits prison officials from denying disabled inmates access to dining halls and recreational areas, from denying them medicine and health supplies they depend on and from denying deaf prisoners access to sign language specialists during court proceedings.
- The courts do not require prisons to provide facilities to disabled inmates that are costly or that require major restructuring projects.
Statutes
Legal Definition
Interpretation
Jurisdiction
Practices
Limitations
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