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Abstract: 

An impressive group of attorneys, aided by equally impressive experts, recently filed suit against the Nebraska Department of Correctional Services (NDCS.) The suit seeks injunctive relief, a remedy that facilitates the granting of class certification, as was done here: Sabata v. Nebraska, Case No. 4:17-cv-03107-RFR-MDN (District of Nebraska, February 19, 2019). The class and sub-classes are composed of health care issues, the use of penal isolation and those impaired and within the reach of ADA. The policies and practices at issue are all controlled by NDCS and are joined in the class by claims that those matters are dealt with in violation of the Eighth Amendment with the culpability standard of deliberate indifference as the subtext.

Keywords: Americans with Disabilities Act

Affiliations:  1: Executive Editor.