Thompson

Thompson v. Davis

Good Law
282 F.3d 780·2002 WL 363392
United States Court of Appeals for the Ninth CircuitMarch 8, 2002No. 01-15091California2,448 words

Opinion

Lead Opinion

Charles W. Thompson and Stephen L. Bogovich (collectively, “Plaintiffs”), two California state prisoners, seek prospective injunctive relief against various state officials who have a role in the parole process. For convenience we refer to them as “Defendants.” Plaintiffs allege that Defendants have violated Title II of the Americans with Disabilities Act (“ADA”) by denying them full and fair consideration for parole based on their disability of drug addiction. The district court dismissed the complaint for failure to state a claim on the ground that the ADA does not apply to the substantive decision-making process of parole proceedings. Because we conclude that there is no categorical rule excluding parole decisions from the scope of the ADA, we reverse the ruling of the district court and remand for further proceedings.

I.

Factual and Procedural Background

Plaintiffs are state prisoners who are serving terms of fifteen years to life for second-degree murder. According to their complaint, Plaintiffs have a history of drug addiction, which substantially limited their judgment, ability to learn, ability to com-, prehend the long-range effects of their acts, and ability…

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