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Exploitation & Discrimination in New York

Tim Clune, Disability Advocates, Albany, New York

This workshop will focus on two ongoing cases being litigated in the New York federal courts. The first deals with the applicability of Title II of the ADA to the admitted policy of the NYS Police classifying custody under a particular section of the Mental Hygiene Law as an arrest. This case is currently on appeal to the Second Circuit Court of Appeals. The second part of the presentation will cover the broad range of litigation issues encountered in Bowen v. Rubin, a case where 17 residents of an adult home in NYC were subjected to unnecessary prostate surgery as part of a Medicaid scam.