disability case law

December 27, 2005 4:38 PM

Does anyone know of some good free resources/articles on the web about recent case law, lawsuits, etc. involving people with disabilities vs federal agencies, state social service agencies and federally funded non-profits and faith based initiatives?

I'm particularly interested in lawsuits concerning an agency's failure to provide reasonable accommodations for access to social services. I'm also interested in cases where agencies are sued for noncompliance with federal regulations and/or civil rights laws (when the noncompliance results in a failure to provide services to a person with disabilities.)

posted by sophie to law & government (4 comments total)

Yeah... you should have a chat with the advocacy staff at any of the major health non-profits. They'll give you an earful.

Here's a a good legal overview at the Epilepsy Foundation site. Bazelon.org has good resources/experts, as well.
posted by ph00dz at 6:06 PM on December 27, 2005

I'm assuming from the way you worded your post that you don't have access to Westlaw and/or Lexis, which would be the easiest way to find what you're looking for.
The following Circuit cases stood out based on a quick search:

Henrietta D. v. Bloomberg
331 F.3d 261 (2d Cir. 2003)
City residents with acquired immune deficiency syndrome (AIDS) or HIV-related illnesses brought class action against city for violating Americans with Disabilities Act (ADA), Rehabilitation Act, and various other federal, state, and city laws by failing to provide meaningful access to public assistance programs, benefits, and services. The District Court entered judgment for plaintiffs, affirmed on appeal, cert denied.

Bill M. ex rel. William M. v. Nebraska Dept of Health and Human Services Finance and Support
408 F.3d 1096
8th Cir. 2005
Developmentally disabled adults sued state and various state officials in their official capacities, alleging violations of Title II of the Americans with Disabilities Act of 1990 (ADA), the Rehabilitation Act of 1973, and other federal and state law provisions, arising out of the alleged denial of community-based Medicaid-funded services. District Court denied defendants' motion to dismiss based upon Eleventh Amendment sovereign immunity. Circuit Court reversed and remanded.

If you don't have access to an electronic database, take the citations to a law library and ask a librarian to help you find the cases.

Also, check out the Department of Justice ADA website-- and you might try calling someone at the DOJ and asking them for info on recent cases they've been involved with. If you are persistent in getting the right person on the phone, they can be helpful.
posted by Harvey Birdman at 7:53 PM on December 27, 2005

The ACLU has a section on Disability Rights which might be helpful.
posted by spinifex23 at 9:01 PM on December 27, 2005

Thank you for your help. I know of an organization that has been violating some civil rights laws. I wanted to show them some lawsuits against organizations with similar practices so they could see that what they are doing is illegal and has consequences that carry big fines.
I was able to find two cases that were similar. One was on the Dept. of Justice's page and the other I came across with some lucky googling. I really appreciate the Bazelon.org suggestion, though. It's an excellent site and they have a great page with recent cases that I'll be checking often.
posted by sophie at 3:49 PM on December 31, 2005