A Project of the University of Michigan Law School and the MDefenders Program

This motion argues that jails and pretrial detention facilities must provide reasonable accommodations under Title II of the ADA to ensure equal access to programs, services, and basic conditions of confinement. It explains that denial of accommodations—such as medical care, accessible housing, or participation in programming—constitutes unlawful discrimination and can exacerbate physical and mental health conditions. Relying on Pennsylvania Dep’t of Corr. v. Yeskey and related cases, the motion emphasizes that ADA protections fully apply in custodial settings and impose an affirmative duty to provide accommodations for incarcerated individuals with disabilities.

File Type: docx
File Size: 33 KB
Categories: ADA, Conditions of Confinement, Disability, Intellectual Disabilities, Pre-trial Detention, Sentencing
Author: National