Most people agree that, throughout the country, people diagnosed with a mental disability or a related condition are often jailed or imprisoned due to their disability. Anti-discrimination statutes are commonly used to challenge what happens to those people while incarcerated. However, litigation has rarely been used to challenge practices that result in their arrest and incarceration. This workshop will present information regarding litigation strategies that aim to avoid arrest and incarceration of people due to their disabilities. An ongoing systems reform lawsuit in Albuquerque, and theories for bringing similar cases, will be explained. Sample pleadings will be distributed.
Link to brief presenter bio: Peter Cubra, J.D.