Legal Opinion

Roe v. County Commission of Monongalia County

District Court, N.D. West Virginia

Decided May 7, 1996No. 5:95-cv-00173PublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

KEELEY, District Judge.

This is a civil action for injunctive and monetary relief brought pursuant to Title II of the Americans with Disabilities Act, 42 U.S.C. § 12131, et seq., and 42 U.S.C. § 1983. The plaintiff asserts that his statutory and constitutional rights were violated when he was picked up on a mental health warrant and held for a time in a padded cell, handcuffed and shackled, without receiving proper treatment or a hearing, was not permitted to use the bathroom, change clothes or eat without the handcuffs, all of which denied his right to reasonable…

2Cases cited14 opinions

  1. Hishon v. King & SpaldingSupreme Court of the United States · 1984
  2. Wilson v. GarciaSupreme Court of the United States · 1985
  3. Marvin D. Baker v. The Board of Regents of the State of Kansas and University of Kansas Medical School--School of MedicineCourt of Appeals for the Tenth Circuit · 1993
  4. Mylan Laboratories, Inc. v. Akzo, N.V.District Court, D. Maryland · 1991
  5. Helen L., Beverly D., Florence H., Ilene F., Idell S., and American Disabled for Attendant Programs Today ("a.d.a.p.t."), Idell S. v. Albert L. Didario, Individually and in His Official Capacity as Superintendent of Norristown State Hospital, and Karen F. Snider, in Her Capacity as Secretary, Pennsylvania Department of Public Welfare, Karen F. SniderCourt of Appeals for the Third Circuit · 1995

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3Cited by15 opinions

  1. Smith-Berch, Inc. v. Baltimore County, Md.District Court, D. Maryland · 1999
  2. Saylor v. RidgeDistrict Court, E.D. Pennsylvania · 1998
  3. Vaughn v. Northwest Airlines, Inc.Supreme Court of Minnesota · 1997
  4. Mitchell v. Massachusetts Department of CorrectionDistrict Court, D. Massachusetts · 2002
  5. Cable v. Department of Developmental ServicesDistrict Court, C.D. California · 1997

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