Americans with Disabilities Act

The Americans with Disabilities Act (ADA) was created by Congress in 1990 and went into effect in 1992. The legislation outlaws discrimination and provides equal opportunity for persons with certain disabilities in employment, public accommodations, transportation, public services and commercial services. The Act was amended in 2008. The EEOC has summarized these amendments as follows: “On September 25, 2008, the … Read More

Civil Rights Litigation under 42 U.S.C. 1983: Prosecuting the Powerful on Behalf of the Powerless Pt. 3

This is the third and final installment of our 3 week discussion on Civil Rights Litigation under 42 U.S.C. 1983. Governmental Immunities and Limitations to Liability 1.    Qualified immunity:  Even if your plaintiff’s constitutional rights were violated, a state actor may be entitled to “qualified immunity” if his actions did not violate a “clearly established” constitutional right. a.   Example:  Husband, wife, … Read More