· 8/24/1998
Proctor v. Prince George's Hospital Center
Citations
- 32 F. Supp. 2d 820
- 1998 U.S. Dist. LEXIS 21650
- 1998 WL 931111
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that neither the case law nor the regulations establish a per se rule that sign-language interpreters are necessary in hospital settings
- stating that deliberate indifference standard for failure to provide reasonable accommodations requires that defendants “ ‘had notice of the potential risk of their decision, and clearly refused the accommodation knowingly’ ”
- holding compensatory damages available for deaf plaintiff under the Rehabilitation Act because defendant hospital refused to accommodate her despite being aware of her disability, and because a past complaint put the hospital on notice of potential liability
- denying summary judgment because “it remains for the findér of fact to determine whether [defendant] provided adequate auxiliary aids.”
- ordering plaintiff to show cause why his claims for injunctive relief under the ADA should not be dismissed where he could not show that he would be returning to the hospital to benefit from any injunction
- “Additionally, Plaintiff must demonstrate that any violation resulted from conditions that make repeated violations likely if Mr. Proctor should return to PGHC.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Chasanow
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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