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  1. State v. Ferguson, 15 P.3d 1271 (Wash. 2001)

    Ferguson was convicted of second degree assault and sentenced to 120 months imprisonment under former WASH. REV. CODE ANN. § 9A.36.021(1)(e) (1988) after he allegedly engaged in unprotected penile-vaginal sex with the complainant. At issue in the case is ...

    Anonymous (not verified) - 5/8/2013 1:46pm

  2. Montgomery v. Pinchak, 294 F.3d 492 (3d Cir. 2002)

    In this opinion, the Third Circuit recognizes that a prison’s failure to provide treatment to an HIV-positive inmate can violate the inmate’s Eighth Amendment rights. Montgomery, an inmate at a New Jersey prison, brought an Eighth Amendment claim against ...

    Anonymous (not verified) - 5/8/2013 1:46pm

  3. Lesley v. Chie, 250 F.3d 47 (1st Cir. 2001)

    This opinion concerns a summary judgment motion on a Rehabilitation Act claim against a doctor who refused to treat an HIV-positive pregnant woman and instead referred her to a hospital with a special program for delivering children of HIV-positive women. ...

    Anonymous (not verified) - 3/31/2016 10:19am

  4. Blanks v. Southwestern Bell Communications, Inc., 310 F.3d 398 (5th Cir. 2002)

    In this opinion, the Fifth Circuit held that an HIV-positive man who brought a claim of employment discrimination under the Americans with Disabilities Act (ADA) was not “disabled” within the meaning of the statute. Under the ADA, a plaintiff is considere ...

    Anonymous (not verified) - 3/31/2016 10:18am

  5. Waddell v. Valley Forge Dental Assocs., Inc. 276 F.3d 1275 (11th Cir. 2001)

    An HIV-positive dental hygienist who was fired because of his HIV status brought a claim against his employer under Title II of the Americans with Disabilities Act (ADA). The employer raised the ADA’s direct threat exception, arguing that an HIV-positive ...

    Anonymous (not verified) - 3/31/2016 10:19am

  6. Flowers v. Southern Regional Physician Services, Inc., 247 F.3d 229 (5th Cir. 2001)

    This opinion affirms a holding for an employee living with HIV who brought a hostile work environment claim under the Americans with Disabilities Act (ADA). While the question of whether the ADA allows a hostile work environment claim has not been resolve ...

    Anonymous (not verified) - 3/31/2016 10:19am

  7. Doe v. County of Centre, 242 F.3d 437 (3d Cir. 2001)

    In this opinion, the Third Circuit considered a challenge to a policy prohibiting the placement of non-HIV-positive foster children in a home in which a family member has HIV unless the foster parents agree to the release of the family member’s diagnosis ...

    Anonymous (not verified) - 5/8/2013 1:46pm