Cochran v. Pinchak.U.S. Appeals Court ELEVENTH AMENDMENT The Eleventh Amendment to the U.S. Constitution reads:
Cochran v. Pinchak, 401 F.3d 184 (3rd Cir. 2005). A blind inmate filed an action alleging that state prison officials violated his rights under Title II of the Americans with Disabilities Act Americans with Disabilities Act, U.S. civil-rights law, enacted 1990, that forbids discrimination of various sorts against persons with physical or mental handicaps. (ADA Ada, city, United States Ada (ā`ə), city (1990 pop. 15,820), seat of Pontotoc co., S central Okla.; inc. 1904. It is a large cattle market and the center of a rich oil and ranch area. ) by temporarily denying him access to talking books, a talking watch, a useable lock, and his walking cane. The district court entered summary judgment in favor of the officials and the inmate appealed. The appeals court affirmed. The appeals court held that ADA did not validly abrogate abrogate v. to annul or repeal a law or pass legislation that contradicts the prior law. Abrogate also applies to revoking or withdrawing conditions of a contract. (See: repeal) a state's immunity from claims for monetary damages brought by inmates under Title II of ADA. According to the court, Title II conflicted with the policy of giving prison officials wide latitude to create prison policies and anticipate security problems, and the state had a rational basis for regulating the inmate's access to a walking cane, talking book, and tape player. (East Jersey State Prison, New Jersey) |
|
||||||||||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion