Sheriff Arpaio, specifically, stated that he would not differentiate between an inmate and person with a contagious disease he would treat them in the same manner and they would be housed under the same conditions. The Center has been used in the past to house civilly confined persons under quarantine despite allegations that it was known that the treatment, specifically the punitive conditions of confinement, were the same for both those criminally incarcerated seeking medical treatment and those civilly committed due to illness. The named defendants are: Maricopa County, Robert England, James Kennedy, Marciella P. Daniels filed a complaint in May of 2007 with the District Court of Arizona challenging the conditions of his confinement pursuant to federal and state equal protection, due process, and statutory law. He suffers from a drug resistant strain of tuberculosis (“TB”) most likely acquired during incarceration in a Russian jail and was determined to require quarantine Comp. In July 2006, Robert Daniels was civil committed by an Arizona civil court on the recommendation of Maricopa County, Arizona officials to the jail ward of Maricopa County Medical Center (“Center”), Comp. 3 Secondly, he must argue that civilly incarcerated persons housed in a jail ward of hospital should be entitled to at least the same benefits and services as the criminally incarcerated and then establish what those benefits are vis-á-vis his own conditions of confinement. Daniels must successfully argue that he is an otherwise qualified individual and withstand the challenge by the defendants that he is a direct threat and therefore not qualified under the meaning of the ADA. Daniels will be able to make out a prima facie case of ADA discrimination if he can overcome two hurdles. (2000) based on establishing a prima facie case of discrimination? 1 Daniels can argue that his current conditions of civil confinement at the jail ward of Maricopa County Medical Center amount to violations of Title II of the Americans with Disabilities Act (“ADA”), 42 U.S.C. Daniels’ ADA claim challenging the conditions of his confinement.
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