Civil Rights Act of 1964 PDF Print E-mail

Allows persons to file suit against government entities for violations of the U.S. Constitution. Section 1983 of the Civil Rights Act imposes liability on anyone who, acting under color of state law, deprives a person of "any rights, privileges, or immunities secured by the Constitution and laws." 42 U.S.C.A. • 1983 (West Supp.1997)

 

Advocates on behalf of persons with developmental disabilities brought a Civil Rights 1983 claim against the State of Florida.   The record revealed that hundreds, perhaps even thousands, of eligible developmentally disabled persons in Florida were not being provided ICF/DD services with anything resembling reasonable promptness. The Court found that plaintiffs had a federal right to reasonably prompt provision of assistance under the Medicaid Act. The Court ordered the State to establish a reasonable waiting list time period, not to exceed ninety days, for individuals who are eligible for placement in ICF/DD. Doe v. Chiles, 136 F.3d 709, C.A.11 (Fla.),1998.

 

 

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