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Interesting split Eleventh Circuit ruling on whether ADA applies to a private prison

By Douglas A. Berman

Because I am not an expert on the American with Disabilities Act, I cannot readily assess the merits of the split ruling by the Eleventh Circuit today in Edison v. Douberly, No. 08-15819 (11th Cir. 2010) (available here).  But the majority's holding and the forceful dissent have me thinking the case implicates not just the procese issue of whether just the ADA applies to a private prison, but also whether and how private prison operators can be sued by the prisoners they manage.  Moreover, this concluding sentiment by the dissent cannot help but invoke a little sympathy for the losing litigant here: In light of the fact that Edison is legally blind, his case raises novel issues of law, and he did not benefit from the assistance of counsel during the district court proceedings, the case should be remanded with the opportunity for Edison to amend his complaint...continue to full post

Full post as published by Sentencing Law and Policy on April 30, 2010 (boomark / email).