Mathis v. United States Parole Commission – Court Decision

From the memorandum opinion:

“Two men on lifetime parole claim they face disability discrimination from two federal agencies that supervise them. So these men, William Mathis and Kennedy Davis (together, “the Parolees”), now sue those federal agencies, the U.S. Parole Commission and the Court Services and Offender Supervision Agency, and the heads of those agencies in their official capacities (collectively, “the Government”).

The Parolees’ suit stakes out narrow ground; it charges one count of disability discrimination, in violation of the Rehabilitation Act. But this one-count Complaint packs a punch. It alleges that the Government forces the Parolees to navigate the strictures of supervision without accommodations for their disabilities. The Parolees also seek a preliminary injunction, wanting the alleged discrimination to stop now. The Government opposes their request and argues the Complaint should be dismissed for failure to state a claim.

The Parolees prevail. They will likely succeed on the merits of their claim because they have—at least in this preliminary posture—shown that the Government has violated Section 504 Case 1:24-cv-01312-TNM Document 31 Filed 09/05/24 Page 2 of 28 of the Rehabilitation Act. And though that Act does not provide the Parolees with a private right of action, they may sue in equity under Armstrong v. Exceptional Child Center, Inc., 575 U.S. 326–27 (2015). Absent immediate relief, the Parolees will face irreparable harm; namely, obstacles to success on supervision solely because of their disabilities, which expose them to downstream harms like revocation and reincarceration. Finally, equity and the public interest also favor preliminary intervention. So the Court will grant the Parolees’ Motion for a Preliminary Injunction and deny the Government’s Motion to Dismiss.”

File Type: pdf
Categories: Practice Tool, Resource Library
Tags: Disabilities, Disposition, Health & Mental Health, Parole Hearings & Resentencing, Post-Disposition, Probation, Sentencing