Other inmates may interpret incomprehension as a lack of intelligence. Deaf inmates may not hear announcements or the footsteps of an impending attacker. Their language skills, or the lack of them, may leave them without the ability to manage their situation. An important consideration for local governments is that the ADA s provisions also affect pretrial detainees. This suggests that ADA claims of pretrial detainees are likely to result no differently than those of prison inmates.
Municipal attorneys face two immediate challenges.
The second is to acquaint corrections managers and staff with the needs and rights of the disabled inmate population. Full implementation of the ADA in state prisons and local jails will be a monumental task. For purposes of Title II, see also the definition found at 28 C.F.R. 35.104. A fifth title contains catchalls and miscellaneous provisions such as provisions for attorneys fees. 1998 B.Y.U. L. Rev. 875.