Law Commons^™

Ending The Charade: The Fifth Circuit Should Expressly Adopt The Deliberate Indifference Standard For Ada Title Ii And Ra Section 504 Damages Claims, Derek Warden

Texas A&M Law Review

While the Americans with Disabilities Act (“ADA”) has been law for over 30 years, the Fifth Circuit Court of Appeals has yet to adopt a definitive standard for how plaintiffs win damages under Title II of that law. Further, while the Rehabilitation Act (“RA”) has been law for almost 50 years, the Fifth Circuit has failed to announce any specific standard for how plaintiffs obtain damages under that law as well. I previously wrote an article in the pages of this journal that sought to “clarify” the Fifth Circuit’s jurisprudence on the issue. In Fifth Indifference: Clarifying the Fifth Circuit’s …