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CALLOWAY v. BORO OF GLASSBORO DEPT. OF POLICE

No. CIV A 98-3139.

89 F.Supp.2d 543 (2000)

Cora CALLOWAY, Plaintiff, v. BORO OF GLASSBORO DEPARTMENT OF POLICE, Det. Robert Best, Det. Ronald Massari, John Doe, and Melanie Powell, Defendants, and Boro of Glassboro Department of Police, Det. Ronald Massari, and Melanie Powell, Third-Party Plaintiffs, v. Det. Robert Best, Gloucester County Prosecutors Office, Andy Yurick, Esq., John Does 1-5, and Gloucester County, Third-Party Defendants.

United States District Court, D. New Jersey.

February 8, 2000.

Attorney(s) appearing for the Case

James M. Shepard-Kegl, North Yarmouth, ME, for Plaintiff, Cora Calloway.

Allan E. Richardson, Law Offices of Allan E. Richardson, Woodbury, NJ, for Defendants and Third-Party Plaintiffs, Borough of Glassboro Department of Police, Ronald Massari, and Melaney Powell.

Robert M. Kaplan, Margolis Edelstein, Westmont, NJ, for Defendant Robert Best and Third-Party Defendants Robert Best, Andy Yurick, Gloucester County Prosecutor's Office, and Gloucester County.

OPINION

ORLOFSKY, District Judge:

This case presents two issues of first impression in this Circuit, namely, (1) whether a deaf arrestee may bring a claim under Title II of the Americans with Disabilities Act, 42 U.S.C. § 12131, et seq. ("Disability Act"),1 and § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794(a)("Rehabilitation Act"),2

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