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.