Disability Rights

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July 23, 2013
Shut Out of the Courthouse: Why People with Disabilities Need to Know What Sover
dfitzgerald Issue Brief
CourtWatch Fact Sheet - Medicaid and the Americans with Disabilities Act
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July 23, 2013
Narrow but Decisive Victory for People with Disabilities
dfitzgerald Issue Brief
On May 17, 2004 the Supreme Court held that individuals could sue state governments for money damages when the states violated certain provisions of Title II of the Americans with Disabilities Act. Tennessee v. Lane, No. 124 S.Ct. 1978 (2004). Title II of the ADA…
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July 23, 2013
Fifth Circuit Issues Good Opinion on Sovereign Immunity
dfitzgerald Issue Brief
On August 11, in a 2-1 opinion, the Fifth Circuit affirmed a district court decision that state officers, sued in their official capacities for prospective relief, are proper defendants under Title II of the Americans with Disabilities Act (ADA). In McCarthy v. Hawkins, the plaintiffs, a group of…
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July 23, 2013
The Seventh Circuit Weighs in on ADA Fundamental Alteration Defense in Medicaid
dfitzgerald Press Release
On September 8, 2004, the Seventh Circuit reversed a decision to issue a judgment on the pleadings against a Medicaid beneficiary in an Americans with Disabilities Act case. Radaszewski v. Maram, No. 02-3657, 2004 U.S. App. LEXIS 18940 (Sept. 8, 2003 7th Cir. 2004). The plaintiffs argued that…
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July 23, 2013
Home & Community Care: TBI & SC Waivers
Sarah Somers Presentation
This powerpoint provides background on three typs of home and community based waivers for individuals who suffer traumatic brain injuries (TBI) or spinal cord injuries (SCI). Topics include available services, beneficiary protections, application of EPSDT, and relevant litigation.
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July 23, 2013
California Court of Appeal Issues Good Medicaid Decision For People With Disabil
External Source Court Document
For full publication text, download document.
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Disability Rights Archive

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Shut Out of the Courthouse: Why People with Disabilities Need to Know What Sover

Narrow but Decisive Victory for People with Disabilities

Fifth Circuit Issues Good Opinion on Sovereign Immunity

The Seventh Circuit Weighs in on ADA Fundamental Alteration Defense in Medicaid

Home & Community Care: TBI & SC Waivers

California Court of Appeal Issues Good Medicaid Decision For People With Disabil