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Full-Text Articles in Law
Out With The New, In With The Old: The Importance Of Section 504 Of The Rehabilitation Act To Prisoners With Disabilities, Betsy Ginsberg
Out With The New, In With The Old: The Importance Of Section 504 Of The Rehabilitation Act To Prisoners With Disabilities, Betsy Ginsberg
Fordham Urban Law Journal
People with disabilities are all too well represented in America’s prisons and are frequently not provided with the accommodations necessary to ensure their full participation in prison life. The Supreme Court’s 1997 pronouncement that Title II of the ADA applies to their claims of failure to accommodate and disability-based discrimination has been making its way through the prison grapevine (and hopefully the prison law libraries) over the last dozen years, inspiring prisoners, their advocates and the federal government to use this broad civil rights statute to enforce these rights. Their efforts have been thwarted to some extent by the states’ …
Section 1983: Absolute Immunity For Pretrial Police Testimony, Jack Kaufman
Section 1983: Absolute Immunity For Pretrial Police Testimony, Jack Kaufman
Fordham Urban Law Journal
This Note discusses the development of the Supreme Court's approach to section 1983 immunity for trial witnesses. Central to this discussion is an overview of the history of common-law immunities for government officials, the history and purpose of section 1983, and the history of the Supreme Court's section 1983 immunity decisions. The author discusses the current disagreement in the circuits over extending section 1983 immunity to pretrial police testimony. The author also analyzes various possible answers to the question of whether to extend witness immunity under section 1983 to specific pretrial proceedings by applying the current Supreme Court "functional categories" …