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AIKEN v. NIXON

No. 1:01-CV-73.

236 F.Supp.2d 211 (2002)

William AIKEN; and Disability Advocates, Inc. on behalf of all present and future patients of the Capital District Psychiatric Center who are subject to unlawful strip searches and body cavity searches, Plaintiffs, v. Jesse NIXON Jr., in his official capacity as Director of the Capital District Psychiatric Center and individually; Capital District Psychiatric Center, a public entity; and Gail Bellinger-Alleman, Thomas Deseve, Jay Edmond Harper, Richard Monte, Jo DiBlasio and Jeff Glebba, in their official capacities and individually, and Kathleen Cavanaugh, individually, Defendants.

United States District Court, N.D. New York.

September 30, 2002.

Attorney(s) appearing for the Case

Disability Advocates, Inc., Albany, NY (Cliff Zucker, Esq., of counsel), for Plaintiffs.

Eliot Spitzer, Attorney General of the State of New York, Albany, NY (Nelson R. Sheingold, Esq., Assistant Attorney General, of counsel), for Defendants.

MEMORANDUM — DECISION & ORDER

MCAVOY, District Judge.

I. INTRODUCTION

This is an action brought pursuant to Title II of the Americans with Disabilities Act (the "ADA"), 42 U.S.C. § 12101, et seq.; § 504 of the Rehabilitation Act of 1973 (the "Rehabilitation Act" or "§ 504"), 29 U.S.C. § 794, et seq.; 42 U.S.C. § 1983 ("§ 1983") asserting...

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