Legal Opinion

Onishea v. Hopper

Court of Appeals for the Eleventh Circuit

Decided November 4, 1997No. 96-6213PublishedCited by 8 opinions

1Opinion of the Court

KRAVITCH, Senior Circuit Judge:

The Alabama Department of Corrections (“DOC”) prohibits inmates who test positive for the Human Immunodeficiency Virus (“HIV”) from participating in most of the educational, vocational, rehabilitative, religious, and recreational programs offered in state prisons. The appellant class, which consists of Alabama inmates who are HIV-positive (“HIV+” or “seropositive”), claims that excluding HIV+ prisoners from these programs violates the Rehabilitation Act of 1973 Section 504, 29 U.S.C. § 794 (“section 504” or “the Act”). A prior panel of this court, on an appeal…

2Cases cited54 opinions

  1. Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
  2. Turner v. SafleySupreme Court of the United States · 1987
  3. Liteky v. United StatesSupreme Court of the United States · 1994
  4. Meachum v. FanoSupreme Court of the United States · 1976
  5. Southeastern Community College v. DavisSupreme Court of the United States · 1979

49 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Onishea v. HopperCourt of Appeals for the Eleventh Circuit · 1999
  2. Edwards v. Alabama Department of CorrectionsDistrict Court, M.D. Alabama · 2000
  3. Henderson v. ThomasDistrict Court, M.D. Alabama · 2012
  4. Raines v. State of Fla.District Court, N.D. Florida · 1997
  5. In re Fundamental Long Term Care, Inc.United States Bankruptcy Court, M.D. Florida · 2019

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API