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Federal Prisons Not Subject to ADA

Loaded on May 15, 2008

Filed under: GEO Group/Wackenhut, Discrimination, Disabled Prisoners, Mootness, Americans with Disabilities Act, Immigration. Location: Colorado.

The hearing-impaired plaintiff complained of his treatment in a Wackenhut facility while awaiting deportation. Since he has now been deported, his claim about conditions is moot, and the court lacks jurisdiction to overturn his deportation even though he says he elected not to contest it because of the "torturous" treatment at the facility.

Although state prisons are within the scope of the Americans with Disabilities Act under Yeskey, federal detention centers are not, since the ADA addresses state or local government. See: Hurtado v. Reno, 34 F.Supp.2d 1261 (D.Colo. 1999).

Related legal case

Hurtado v. Reno

Year	1999
Cite	34 F.Supp.2d 1261 (D.Colo. 1999)
Level	District Court
Injunction Status	N/A