National Association for Rights Protection and Advocacy

Legal Theories for Resisting Incarceration of People Diagnosed with Disabilities Due to Their Diagnoses

Peter Cubra, J.D.

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.

McClendon v. E.M. = Plaintiff Intervenorsí Amended Motion for an Order to Show Cause
 and for Further Remedial Relief Regarding City Defendants

Link to brief presenter bio:

Peter Cubra, J.D.