Miller v. Johnson -- The Department intervened in the U.S.
District Court for the Eastern District of Virginia to defend the
constitutionality of an inmate’s private title II lawsuit for damages against
Virginia prison officials. The inmate alleges that he is an individual with a
disability because of various health conditions and that he required reasonable
modifications in prison rules, policies, and practices. Virginia asserted that
Congress lacked authority under the ADA to remove the State’s immunity because
the ADA’s protections go further than the equal protection rights guaranteed by
the U.S. Constitution. The Department argued that Congress had the authority to
remove State immunity because the ADA is appropriate legislation under the
Constitution to remedy the history of pervasive discrimination against people
with disabilities, including in prison administration.
Enforcing the ADA, Status Report from the Department of Justice, October - December, 2007 - 0 views
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Therefore, even under Bell Atlantic, the Supreme Court does not require "heightened fact pleading of specifics, but only enough facts to state a claim to relief that is plausible on its face." 127 S.Ct at 1974. We further note, unlike the requirement articulated in Bell Atlantic that under Fed. R. Civ. P. 8(a)(2), a complaint must contain allegations sufficient to show a "plausible" entitlement to relief, there is nothing in the OOC Procedural Rules requiring that an administrative complaint filed with the OOC show an entitlement to relief, Thus, § 5.01 (c)(1) of the Procedural Rules requires only that an administrative complaint include: "(iv) a description of the conduct being challenged…; (v) a brief description of why the complainant believes the challenged conduct is a violation of the Act and the section(s) of the Act involved; (vi) a statement of the relief or remedy sought…."
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