67 Cited authorities

  1. Greenholtz v. Nebraska Penal Inmates

    442 U.S. 1 (1979)   Cited 5,830 times   4 Legal Analyses
    Holding the Constitution does not create a protected liberty interest in a prisoner's release prior to the expiration of a valid sentence
  2. Pennsylvania Dept. of Corrections v. Yeskey

    524 U.S. 206 (1998)   Cited 2,166 times
    Holding that text of Title II's prohibition of discrimination by "public entities" against disabled individuals "unmistakably includes State prisons and prisoners within its coverage"
  3. Ingraham v. Wright

    430 U.S. 651 (1977)   Cited 4,031 times
    Holding that reasonable "corporal punishment serves important educational interests" and is therefore permissible in public schools
  4. Youngberg v. Romeo

    457 U.S. 307 (1982)   Cited 3,138 times   1 Legal Analyses
    Holding that severely retarded man's liberty interests in safety, freedom from bodily restraint and reasonable training survive involuntary commitment
  5. Agostini v. Felton

    521 U.S. 203 (1997)   Cited 1,626 times   6 Legal Analyses
    Holding that "lower courts should follow the case which directly controls, leaving to this Court the prerogative of overruling its own decisions"
  6. Hutto v. Finney

    437 U.S. 678 (1978)   Cited 2,531 times
    Holding that, in the context of institutional reform litigation, the district court's "exercise of discretion ... is entitled to special deference because of the trial judge's years of experience with the problem at hand"
  7. Horne v. Flores

    557 U.S. 433 (2009)   Cited 677 times
    Holding injunction mandating sweeping changes to Texas's foster care system overly broad
  8. Olmstead v. L. C

    527 U.S. 581 (1999)   Cited 910 times   9 Legal Analyses
    Holding that a state engages in disability discrimination if it institutionalizes individuals with disabilities when community-based placement could be reasonably accommodated, accounting for the resources available to the state and the needs of others with disabilities.
  9. Rufo v. Inmates of Suffolk County Jail

    502 U.S. 367 (1992)   Cited 1,157 times   3 Legal Analyses
    Holding that a consent decree may properly be modified in the face of "changed factual conditions"
  10. Frew ex rel. Frew v. Hawkins

    540 U.S. 431 (2004)   Cited 724 times   1 Legal Analyses
    Holding that the equitable standards of Rule 60, not the rule of Ex parte Young, 209 U.S. 123, 28 S.Ct. 441, 52 L.Ed. 714, govern the modification of a consent decree
  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 348,148 times   927 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 60 - Relief from a Judgment or Order

    Fed. R. Civ. P. 60   Cited 53,853 times   147 Legal Analyses
    Granting relief from the operation of a judgment
  13. Section 12101 - Findings and purpose

    42 U.S.C. § 12101   Cited 23,455 times   65 Legal Analyses
    Finding a pattern of " unnecessary discrimination and prejudice" that "costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity"
  14. Section 12131 - Definitions

    42 U.S.C. § 12131   Cited 5,156 times   1 Legal Analyses
    Defining discrimination to include the failure to provide "reasonable accommodations"
  15. Rule 70 - Enforcing a Judgment for a Specific Act

    Fed. R. Civ. P. 70   Cited 502 times   3 Legal Analyses
    Recognizing that federal court may enforce judgment for real property by "enter[ing] a judgment divesting any party's title and vesting [real or personal property] in others."
  16. Section 12134 - Regulations

    42 U.S.C. § 12134   Cited 362 times
    Providing that regulations promulgated under the ADA shall be consistent with the Rehabilitation Act
  17. Section 7-1303.04 - Petition for commitment of individual 14 years of age or older filed by parent or guardian or by the District

    D.C. Code § 7-1303.04   Cited 5 times

    (a) Repealed. (a-1) (1) Except as provided in subsection (b-1) of this section, no person shall be newly committed under this chapter on or after May 5, 2018. (2) For a person committed by written petition of a parent or guardian before May 5, 2018, the continued commitment of the person shall be governed by § 7-1304.11(a). (b) Repealed. (b-1) For a person found incompetent in a criminal case, a written petition by the District may be filed with the Court to have the person committed to a facility

  18. Section 7-1304.11 - Periodic review of commitment order

    D.C. Code § 7-1304.11   Cited 2 times

    (a) (1) Any decision of the Court ordering commitment of a person with an intellectual disability, other than a decision of the Court ordering commitment of a person found incompetent in a criminal case to DDS pursuant to § 7-1304.06 a, that was issued before May 5, 2018, shall be reviewed in a Court hearing annually. The commitment shall be terminated unless there is a finding of the following: (A) The Court determines that the person with an intellectual disability has benefited from the habilitation;

  19. Section 35.130 - General prohibitions against discrimination

    28 C.F.R. § 35.130   Cited 1,592 times   6 Legal Analyses
    Finding discrimination in violation of ADA when disabled persons have unequal opportunity to participate in state services or unequal ability to realize the benefit of those services