ARMSTRONG v. SCHWARZENEGGER

No. 09-17144.

622 F.3d 1058 (2010)

John ARMSTRONG; James Amauric; Richard Ponciano; Jack Swensen; Billy Beck; Judy Fendt; Walter Fratus; Gregory Sandoval; Darlene Madison; Peter Richardson; Steven Hill; David Rose; David Blessing; Elio Castro; Elmer Umbenhower; Raymond Hayes; Gene Horrocks; Kiah Mincey; Clifton Feathers; Willie Johnson; David Badillo; James Simmons; Flora Abrams; Joey Gough; Timothy Whisman, Plaintiffs-Appellees, v. Arnold SCHWARZENEGGER; Matthew Cate; Bernard Warner; Sharon August; Deborah Hysen; Suzan Hubbard; Robert Ambroselli, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 7, 2010.


Attorney(s) appearing for the Case

Michael W. Bien , Ernest Galvan , Gay C. Grunfeld , Blake Thompson , Warren E. George , San Francisco, CA, and Donald Specter , Sara Norman , Linda Kilb , Berkeley, CA, for the plaintiffs-appellees.

Edmund G. Brown Jr. , Attorney General of the State of California; Jonathan L. Wolff , Senior Assistant Attorney General; Jay C. Russell , Supervising Deputy Attorney General; Scott J. Feudale , Deputy Attorney General, San Francisco, CA, for the defendants-appellants.

Thomas E. Perez , Assistant Attorney General of the United States, Samuel Bagenstos , Deputy Assistant Attorney General, Mark L. Gross , Attorney, Civil Rights Division of the Department of Justice, Conor B. Dugan , Attorney, Civil Rights Division of the Department of Justice, Washington, D.C., for amicus curiae the United States.

Before: STEPHEN REINHARDT, A. WALLACE TASHIMA and MARSHA S. BERZON, Circuit Judges.


OPINION

REINHARDT, Circuit Judge:

More than a decade and a half ago, disabled prisoners and parolees brought this action against the California officials with responsibility over the corrections system and parole proceedings. They sought accommodations to their disabilities that are required by the Americans with Disabilities Act, the Rehabilitation Act, and the Constitution. Defendants denied that they had any obligation to provide such accommodations,...

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