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Disability Advocates, Inc. v. McMahon.


U.S. District Court

DUE PROCESS

PRETRIAL pre·tri·al  
n.
A proceeding held before an official trial, especially to clarify points of law and facts.

adj.
1. Of or relating to a pretrial.

2.
 DETENTION

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.
 -- 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.  

Disability Advocates, Inc. v. McMahon, 279 F.Supp.2d 158 (N.D.N.Y. 2003). An advocacy group for disabled persons, and an individual subjected to a mental hygiene mental hygiene, the science of promoting mental health and preventing mental illness through the application of psychiatry and psychology. A more commonly used term today is mental health.  pickup, brought an action under the Americans with Disabilities Act (ADA) and the Rehabilitation Act, alleging that the state criminalized mental hygiene pickups by treating or labeling them as arrests, thereby discriminating against persons with mental disabilities. The district court granted summary judgment for the defendants. The court held that the custodial detention of a mentally ill person constituted an "arrest" but that the detention did not violate due process. The court found that an individual taken into custody in connection with a mental hygiene pickup was not stigmatized by reason of her disability in violation of ADA or the Rehabilitation Act, where police acted because the individual appeared to be mentally ill and was acting in a manner that was likely to result in serious harm to herself or to others. (New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
 State Police)
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Title Annotation:cases of medical care
Publication:Corrections Caselaw Quarterly
Article Type:Brief Article
Geographic Code:1U2NY
Date:Aug 1, 2003
Words:178
Previous Article:Atkins v. County of Orange.(MEDICAL CARE)(Brief Article)
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