Fulton v. Goord, No. 06-5023

In an action under the Americans with Disabilities Act and the Rehabilitation Act regarding defendants' alleged failure to accommodate plaintiff's disabilities when she was visiting her incarcerated spouse, dismissal of the complaint is reversed where: 1) plaintiff alleged that she was discriminatorily denied a reasonable accommodation for her disability in violation of her rights under the two acts, and thus had Article III standing; and 2) the district court failed to address whether plaintiff had sufficiently alleged that defendants administered the inmate visitor program in a discriminatory fashion, despite this issue being at the core of her complaint.

Read Fulton v. Goord, No. 06-5023

Appellate Information

Argued: April 7, 2009

Decided: December 22, 2009

Judges

Opinion by Judge Walker

Counsel

Samuel J. Lieberman, Bernstein Litowitz Berger & Grossman LLP, New York, NY

Douglas F. Curtis, Shauna K. Friedman,Wilmer Culter Pickering Hale and Dorr LLP, New York, NY

For Appellees:

Kate H. Nepveu, Barbara D. Underwood, Andrea Oser, State of New York, Albany, NY