A psychiatric resident in a Texas state hospital who alleges she was raped by another resident is seeking a new cause of action through the Americans with Disabilities Act to sue the hospital for its alleged failure to preserve evidence. Photo: Shutterstock New Cause of Action: 5th Circuit Asked to Expand ADA Precedent
"If there is any hole in the evidence here, it is the state's doing by denying her the basic service of preserving the evidence," Holt M. Lackey wrote.
February 09, 2023 at 05:36 PM
4 minute read
Civil Rights
Counsel for a psychiatric resident in a state hospital is asking the U.S. Court of Appeals for the Fifth Circuit to create a new cause of action against state institutions under the Americans with Disability Act.
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