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Prisons and Jails 

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.

 

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 A guide to litigation under the ADA in prisons and jails 1/23/2000 
shimThis guide provides references and citations to ADA cases challenging conditions in prisons and jails.  
 Annotated list of cases involving prisoners with mobility impairments 2/1/2001 
 Forgotten Lives: Mentally Disordered Prisoners in Massachusetts 11/1/1997 
shimAn article from MHLAC’s Advisor on the state of people with mental disabilities in Massachusetts prisons and jails 
 Medication Rights in Prisons 1/1/2000 
shimAn analysis of a prisoner’s legal rights regarding psychiatric medications. 
Word Document Prison mental health case list 2005 5/6/2020 
shimAn extensive, though selective, annotated list of court decisions in case challenging mental health services in prisons and jails. Updated last in May 2005.  
WordPerfect Document Restraint and isolation in prisons and juvenile facilities 4/10/2006 
shimA review of the legal rules regarding the use of restraint, segregation, and isolation on people with mental illness in jails, prisons and juvenile detention facilities, with a summary of cases.  
 Summary of professional standards for MH services in prisons 9/1/1997 
shimA lengthy and comprehensive review of accreditations standards for MH services in prisons 
 TASC/NAPAS FACT SHEET - CHALLENGES TO INADEQUATE TREATMENT, MANDATORY TESTING, AND SEGREGATION OF INMATES WITH HIV/AIDS 6/1/2004 
shimA survey of litigation involving the rigts of adult and juvenile prisoners and detainees with HIV/AIDS. 
 The ADA and parole decisions 6/1/1999 
shimA discussion of the extent to which the ADA may be helpful to prisoners in parole decisions. 
 The Legal Rights of Prisoners with Mental Disorders 2/1/1999 
shimAn overview of the rights of prisoners with mental disabilities.  

Complaint in DLC v. Dennehy

This case challenges the use of segregation with Massachusetts prisoners with serious mental illness. It was filed in US District Court on March 8, 2007.

MPAS v. Caruso -- Complaint

CPR and the Michigan Protection and Advocacy Services have sued the Michigan Department of Correction alleging that young prisoners (ages 14 to 26) have been denied necessary mental health and special education services and have been illegally segregated in violation of their 8th amendment rights. The case originally targeted the Michigan Youth Correction Facility, a private high security prison for youth convicted as adults. The facility was closed by the Governor shortly after the complaint was filed and the prisoners were moved to other prisons. An amended complaint was filed and is attached here.