ADA (cont.)

• “Disability” = 1.) physical or mental impairment that substantially limits one or more major life activities; 2.) a record of such impairment or; 3.) being regarded as having such impairment.

• Thus, disability can = mental illness and/or inmates with substance abuse problems (but can’t be currently using)

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• A disability can be a physical or mental impairment substantially limiting one or more major life activity, a record of such impairment or being generally regarded as having such an impairment

• Thus, mental illness and inmates with substance abuse problems are covered by the ADA’s protections.

• However, in order for an inmate with a Substance Abuse Disorder to qualify, the inmate cannot be currently using.