The United States Supreme Court ruled unanimously on January 9 in favor of a Georgia inmate in a disability rights case, United States v. Georgia. Samuel R. Bagenstos, J.D., professor of law, argued the case on behalf of the inmate, Tony Goodman. The ruling paves the wave for Goodman to seek damages against the state of Georgia.
“What’s most important about this case is that the court made clear, really for the first time, that the ADA is valid remedial Section 5 legislation in any case in which the state conduct that violates the ADA also violates the Constitution,” says Bagenstos, a leading authority in the field of disability law and the Americans with Disabilities Act. “There is no requirement that the plaintiff show a history and pattern of past state constitutional violations in such cases; the fact that the conduct challenged by the plaintiff violated the Constitution is enough.”
The ruling cites among Goodman’s “more serious allegations” that he was “confined for 23-to-24 hours per day in a 12-by-3-foot cell, in which he could not turn his wheelchair around” and that “the lack of accessible facilities rendered him unable to use the toilet and shower without assistance, which was often denied.”
For more information on the ruling, visit Professor Bagenstos’ blog