No. 23-110

Anisha Ituah, by Her Guardian Angela McKay v. Austin State Hospital, et al.

Lower Court: Fifth Circuit
Docketed: 2023-08-03
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: americans-with-disabilities-act deliberate-indifference disparate-treatment due-process intellectual-disability intervention-rights involuntary-commitment notice-requirements prop-207 property-taking rehabilitation-act sexual-assault sexual-assault 23-1109" summary-judgment Whether the State's taking of common HOA lands vio
Latest Conference: 2023-10-06
Question Presented (from Petition)

May an intellectually disabled woman who complained of rape and sexual assault while involuntarily committed to a State Hospital, but was disbelieved and ignored because of her disability, bring claims under the Americans with Disabilities Act, 42 U.S.C. § 12132, or the Rehabilitation Act, 29 U.S.C. § 794(a), for disparate treatment and deliberate indifference by reason of her disability?

Question Presented (AI Summary)

Whether an intellectually disabled woman who complained of rape and sexual assault while involuntarily committed to a State Hospital, but was disbelieved and ignored because of her disability, can bring claims under the Americans with Disabilities Act or the Rehabilitation Act for disparate treatment and deliberate indifference by reason of her disability

Docket Entries

2023-10-10
Petition DENIED.
2023-09-20
DISTRIBUTED for Conference of 10/6/2023.
2023-08-10
Waiver of right of respondent Austin State Hospital to respond filed.
2023-08-01
Petition for a writ of certiorari filed. (Response due September 5, 2023)

Attorneys

Anisha Ituah
Theodore Mark CoopersteinClouthier Cooperstein PLLC, Petitioner
Austin State Hospital
Benjamin S. WaltonOffice of the Attorney General of Texas, Respondent