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Open Access Publications from the University of California

Freeing the Most Vulnerable: Litigation Tools to Reduce the Disabled Prisoner Population

  • Author(s): Balaban, Eric
  • et al.

Hundreds of thousands of men, women, and children with disabilities are incarcerated. They face discrimination and endure conditions that can be life-threatening in prisons and jails that are ill equipped to house and treat them. This Article describes how litigation can be used to divert disabled prisoners from correctional systems via constitutional claims, lawsuits premised on the Americans with Disabilities Act, and innovative post-judgment remedial schemes.

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