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KEY v. GRAYSON

No. 98-1471.

179 F.3d 996 (1999)

David G. KEY, Plaintiff-Appellee, Michigan Protection and Advocacy Service, Incorporated, Intervenor-Appellee, v. Henry GRAYSON, Warden, Trusty Division, Jackson Prison (SMT); Gary Gabry, Chairperson, Michigan Parole Board; Kenneth McGinnis, Director, Michigan Department of Corrections, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided June 9, 1999.

Rehearing and Suggestion for Rehearing Denied July 30, 1999.

Attorney(s) appearing for the Case

Daniel E. Manville (argued and briefed), Ann Arbor, MI, for Plaintiff-Appellee.

Gayle C. Rosen, Michigan Protection & Advocacy Service, Livonia, MI, for Intervenor-Appellee.

John L. Thurber (argued and briefed), Office of the Attorney General, Corrections Division, Lansing, MI, for Defendants-Appellants.

Before: RYAN, DAUGHTREY, and COLE, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied July 30, 1999.

OPINION

COLE, Circuit Judge.

This appeal requires us to determine whether, prior to 1996, it was clearly established that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131 et seq., and the Rehabilitation Act of 1973 (Rehabilitation Act), 29 U.S.C. § 794, applied to prisoners. Although it is now established that the ADA and the Rehabilitation Act apply...

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