Disability Discrimination

Under the Rehabilitation Act of 1973, Section 504, it is against the law for any program that receives federal funding to discriminate against people with mental or physical disabilities. The law applies to any local, state, or national law enforcement agency that receives funding from the U.S. Department of Justice. Working in conjunction with the ADA, Section 504 of The Rehabilitation Act of 1973 ensures that everyone in the country enjoys the same civil rights, including those who suffer from disabilities.

Both the ADA and the Rehabilitation Act of 1973 prohibit police officers from violating the rights of disabled individuals. Police officers must also modify their procedures when interacting with people with disabilities.

For example, someone with a mental disability may not understand they are being placed under arrest and so, they walk away from the police officer trying to arrest them. The officer may then grab the individual and use excessive force to restrain them while handcuffing them. Due to the fact that the person with the mental disability did not understand they were being arrested, the officer could be held liable for police misconduct and even false arrest. In this case, the officer should have modified the procedure to ensure they did not infringe on the individual’s civil rights due to their disability.

The laws do not only ban discrimination based on a disability, but they also provide a way for victims to claim compensation for it when it occurs. Victims of discrimination can file a claim against the officer, or the government agency they work for, any time they suffer harm as a result of police misconduct.

If you or someone you love has been the victim of police wrongdoing, our California police misconduct lawyers at Burris, Nisenbaum, Curry & Lacy can advise you of your legal rights. Call us now or reach out to us online to schedule a consultation and to learn more.