Legal Opinion

Indiana Protection & Advocacy Services Commission v. Commissioner, Indiana Department of Correction

District Court, S.D. Indiana

Decided July 21, 2009No. 1:08-cv-1317-DFH-JMSPublishedCited by 6 opinions

1Opinion of the Court

ENTRY ON DEFENDANT’S MOTION TO DISMISS

DAVID F. HAMILTON, Chief Judge.

Introduction

Plaintiff Indiana Protection and Advocacy Services Commission (“IPAS”) has brought suit against the Indiana Department of Correction (“IDOC”). IPAS challenges IDOC’s alleged practice of isolating and secluding prisoners with serious mental illnesses and its failure to provide those prisoners with sufficient treatment programs and placements. IPAS claims that IDOC’s practices violate the Eighth Amendment, the Americans with Disabilities Act (42 U.S.C. § 12132) and the Rehabilitation Act (29 U.S.C. § 794). IDOC has…

2Cases cited22 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Baker v. CarrSupreme Court of the United States · 1962
  3. Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
  4. United Food & Commercial Workers Union Local 751 v. Brown Group, Inc.Supreme Court of the United States · 1996
  5. Director, Office of Workers' Compensation Programs v. Newport News Shipbuilding & Dry Dock Co.Supreme Court of the United States · 1995

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3Cited by6 opinions

  1. Dunn v. DunnDistrict Court, M.D. Alabama · 2016
  2. INDIANAPOLIS CHAPTER OF NAACP v. BallardDistrict Court, S.D. Indiana · 2010
  3. DISABILITY RIGHTS NORTH CAROLINA v. THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICESDistrict Court, M.D. North Carolina · 2025
  4. Disability Rights Pennsylvania v. Pennsylvania Department of Human ServicesDistrict Court, M.D. Pennsylvania · 2020
  5. INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION v. INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATIONDistrict Court, S.D. Indiana · 2022

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