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Product Information Title II of the Americans with Disabilities Act: The Potential for Police Liability and Ways to Avoid It

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This article appeared in the September, 2006 edition of Police Chief Magazine and was written to help local police departments avoid lawsuits under Title II of the Americans with Disability Act (ADA). Click on the "Web Links" tab above to read the full article, it reviews the following three area of potential liability under Title II of the ADA:

-Wrongful Arrest- The article warned police departments how they could be held liable under Title II of the ADA if they mistook behavior caused by a disability, such as a staggering gait, as some sort of criminal activity, such as public intoxication.

-Reasonable Accommodation during Arrest - The article warned police departments how they could be held liable under Title II of the ADA for problems that may happen as a person with disabilities is arrested, informed of their rights, and questioned about a crime.

-Failure To Train - The article warned police departments that they may be held liable under Title II of the ADA for problems caused by officers or other personnel who had not been trained on reasonable accommodations and citizens with disabilities.

The final section of the article encouraged police departments to not wait for problems to occur, but rather to be proactive in assuring compliance with Title II of the ADA. The article suggested that all law enforcement agencies obtain and review the many resources that were being made available to them about the ADA by the US Department of Justice.

Summary based on an online review of the article completed on 1/8/15 at www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=1004&issue_id=92006
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