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ADA 

Documents and pleadings which may be helpful to attorneys litigating or considering the litigation of disability law related cases are available by following the links below.

These documents do not constitute legal advice. Anyone engaged in legal action should consult with an attorney. Attorneys should make their own independent judgments. Local laws vary and the law may have changed since these documents were written. Litigants should fully research any claims or defenses before making them.

 

  Sort By: Title Sort By Title, Descending Date
  A guide to litigation under the ADA in prisons and jails 1/23/2000 
shim This guide provides references and citations to ADA cases challenging conditions in prisons and jails.  
  Amici brief in Vermont Advance Directive case 8/1/2002 
shim A challenge to Vermont's mental health advance directive law as being in violation of the ADA. This is a 2d Circuit amici brief in support of the plaintiff.  
  Frederick L. v. Department of Public Welfare 4/13/2004 
shim The Third Circuit Court of Appeals decided the important ADA-Olmstead case  
  Questions and answers about the Olmstead decision 10/7/1999 
shim Some questions and answers about the Supreme Court's important decision in Olmsted v. LC.  
  The ADA and parole decisions 6/1/1999 
shim A discussion of the extent to which the ADA may be helpful to prisoners in parole decisions.

Commonwealth v. Agana, Massachusetts Supreme Judicial Court.

CPR has filed an amici brief on behalf of numerous national and state organizations in support of the appeal of a victim with a communication disability who was denied the right to testify against a criminal defendant whom she siad sexually abused her in her nursing home. The amici argue that the trial court should have considered whether she could have testified with reasonable accommodations.  Oral argument is scheduled in Massachusetts Supreme Judicial Court on May 6, 2010. Opinions usually follow with 120 days.

ADA class certifications

This document is a list of ADA cases challenging unnecessary institutionalization in which a class has been certified.