This article discusses how the Americans with Disabilities Act (ADA) can fill a void left by 42 U.S.C 1983 decisional law, and provide relief where 1983 may not do so. It offers examples, not a comprehensive list, but suggestions of possibilities to the practitioner and court. The ADA, enacted in 1990, offers an alternative vehicle for vindicating the rights of people with physical and mental disabilities beyond that accorded by the traditional civil rights statute, 1983. The article also shows how, in some situations, 1983 and the ADA go hand-in-hand to make a stronger lawsuit, and how at times the ADA can inform 1983 standards. The examples here point toward the direction in which careful and creative civil rights litigation is moving, and where it may move further in the future. The article addresses jail and prison issues (HIV, suicide, interpreters and the Prison Litigation Reform Act), police activities (use of force and persons with mental disabilities, and suicide calls), the administration of justice, parole and probation, and attorneys' fees, costs, and litigation expenses.
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