United States Second Circuit

In an action under the Americans with Disabilities Act and the Rehabilitation Act regarding defendants' alleged failure to accommodate plaintiff's disabilities when she was visiting her incarcerated spouse, dismissal of the complaint is reversed where: 1) plaintiff alleged that she was discriminatorily denied a reasonable accommodation for her disability in violation of her rights under the two acts, and thus had Article III standing; and 2) the district court failed to address whether plaintiff had sufficiently alleged that defendants administered the inmate visitor program in a discriminatory fashion, despite this issue being at the core of her complaint.

Appellate Information

• Argued 04/07/2009
• Decided 12/22/2009
• Published 12/22/2009

Judges

• JOHN M. WALKER, JR., Circuit Judge:, Before: JACOBS, Chief Judge, WALKER, and LEVAL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Samuel J. Lieberman, Bernstein Litowitz Berger & Grossman LLP, New York, NY, (Douglas F. Curtis, Shauna K. Friedman, Wilmer Culter Pickering Hale and Dorr LLP, New York, NY, on the brief), for Plaintiff-Appellant.


• For Appellees:
  
• Kate H. Nepveu, Assistant Solicitor General, (Barbara D. Underwood, Solicitor General, Andrea Oser, Deputy Solicitor General, on the brief), for Andrew M. Cuomo, Attorney General of the State of New York, Albany, NY, for Defendants-Appellees.