Pennsylvania Department of Corrections v Yeskey

Pennsylvania Department of Corrections v Yeskey -...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
Michael Cobb Criminal Justice 3152 1/27/09 Pennsylvania Department of Corrections v. Yeskey, 118 S.CT 1952 (1998) Facts: After being sentenced to 18 to 36 months in prison, Ronald Yeskey was recommended as a candidate for a Motivational Boot Camp for first-time offenders. Successful completion of the Boot Camp could have resulted in Yeskey's early parole after just six months. When the Pennsylvania Department of Corrections discovered Yeskey's medical history of hypertension, he was denied admission to the Boot Camp. Yeskey challenged the refusal as discriminatory. On appeal from a reversal of a district court's dismissal of the claim, the Supreme Court granted certiorari. Issue: Whether or not the Pennsylvania Department of Corrections' violated Title II of the Americans with
Background image of page 1
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: Disabilities Act of 1990 prohibiting disability based discrimination against qualified individuals. Holding: In a unanimous opinion, the Court held that under the ADA no "public entity" may discriminate against qualified disabled individuals due to their disability. The Court stated that the ADA's protections extended to cover prison inmates as well as any other liberated citizen. Rationale: For the case of Penn. D.O.C v. Yeskey the legislative intent was to maintain the same civil rights for prisoners with disabilities as people who are not incarcerated have. Prisoners with disabilities must be treated accordingly under the American disabilities Act of 1990, while still being able to maintain their stay in the correctional facility for their crime committed....
View Full Document

This note was uploaded on 11/08/2009 for the course CJUS 3100 taught by Professor Exum during the Spring '09 term at UNC Charlotte.

Ask a homework question - tutors are online