Tag Archives: Denver Police

Denver Sheriff and Title II of the Americans with Disabilities Act

The Denver Sheriff Department is not completely blind to the Americans with Disabilities Act (ADA), as it appears the agency could be with some of the abuse allegations lately.

Responding to my public records request under the Colorado Criminal Justice Records Act, the Denver Sheriff provided me with documents related to mental health training and accommodations made in compliance with the ADA.  I made the public records request because of the troubling, to put it mildly, allegations in the press that the Denver Sheriff used their Tasers to inflict pain, some of whom are mentally ill.1 Noelle Phillips, Denver Jail’s Taser Use At Odds With Federal Guidelines, Post Finds, Denver Post, http://www.denverpost.com/news/ci_26846770/denver-jails-taser-use-at-odds-federal-guidelines?source=rss.

I have argued in a previous post on this website 2 Joe Thomas, Denver Sheriff’s Taser Use on the Mentally Ill, Colorado Common Law, http://cocommonlaw.com/2014/11/denver-sheriff-taser-mentally-ill/. and on my Arizona Common Law website 3 Joe Thomas, Police Have Affirmative Duty to Accommodate Disabilities, Arizona Common Law, http://azcommonlaw.com/2014/03/police-affirmative-duty-accommodate-disabilities/; See also Joe Thomas, The Police’s Duty to Accommodate Under the Americans With Disabilities Act, Arizona Common Law, http://azcommonlaw.com/2014/02/police-duty-accommodate-americans-disabilities-act/. Title II of the Americans with Disabilities Act4 The Americans with Disabilities Act,  Title II Public Services, 42 U.S.C. § 12131, et. seq. creates a  duty in which law enforcement must proactively make reasonable accommodations for known individuals with qualifying disabilities.5 A qualifying disability is “a physical or mental impairment that substantially limits one or more major life activities of such individual.”  The Americans with Disabilities Act, Definitions, 42 U.S.C. § 12102(1)(A).

Provided with all the documentation related to my request (except for the course materials which would need to be printed for me at an extra charge), I think this should give a good overview of how the Denver Sheriff approaches mental health issues and disabilities in general.

Continue reading Denver Sheriff and Title II of the Americans with Disabilities Act

References   [ + ]

1. Noelle Phillips, Denver Jail’s Taser Use At Odds With Federal Guidelines, Post Finds, Denver Post, http://www.denverpost.com/news/ci_26846770/denver-jails-taser-use-at-odds-federal-guidelines?source=rss.
2. Joe Thomas, Denver Sheriff’s Taser Use on the Mentally Ill, Colorado Common Law, http://cocommonlaw.com/2014/11/denver-sheriff-taser-mentally-ill/.
3. Joe Thomas, Police Have Affirmative Duty to Accommodate Disabilities, Arizona Common Law, http://azcommonlaw.com/2014/03/police-affirmative-duty-accommodate-disabilities/; See also Joe Thomas, The Police’s Duty to Accommodate Under the Americans With Disabilities Act, Arizona Common Law, http://azcommonlaw.com/2014/02/police-duty-accommodate-americans-disabilities-act/.
4. The Americans with Disabilities Act,  Title II Public Services, 42 U.S.C. § 12131, et. seq.
5. A qualifying disability is “a physical or mental impairment that substantially limits one or more major life activities of such individual.”  The Americans with Disabilities Act, Definitions, 42 U.S.C. § 12102(1)(A).