Tag: disability rights

Explainers

ADA Accommodations in Court: What Disabled Defendants Are Entitled To — And What Happens When They Don’t Get Them

The concept of “due process” for disabled defendants transcends mere legal representation; it hinges on their ability to participate in proceedings. Accommodations are vital and not optional, as demonstrated in Marc Fishman’s case, where systemic barriers jeopardized his fair trial. A just system requires proactive access measures, not mere sympathy. Continue reading ADA Accommodations in Court: What Disabled Defendants Are Entitled To — And What Happens When They Don’t Get Them

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Article, case files, disability rights, new-york

Justice Denied: Why Marc Fishman’s Case Matters to Every Disabled New Yorker

Marc Fishman’s case highlights the failures of New York’s justice system regarding disabled defendants. Despite clear exonerating evidence and acknowledgment of police misconduct, Marc remains convicted. His situation underscores systemic flaws in ADA compliance and prosecutorial ethics, raising concerns about the protection of disabled individuals within the legal framework. Continue reading Justice Denied: Why Marc Fishman’s Case Matters to Every Disabled New Yorker

Unknown's avatarMichael PhillipsLeave a comment
Article, case files, disability rights, Federal

A Case About Disability Rights, Due Process, and Meaningful Access

A federal civil-rights appeal in the Second Circuit addresses how police treat individuals with disabilities during arrest. Marc H. Fishman alleges New Rochelle police denied his accommodation request during questioning. The appeal emphasizes the need for meaningful access to justice for disabled individuals and challenges dismissals of such cases by lower courts. Continue reading A Case About Disability Rights, Due Process, and Meaningful Access

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Letter

Open Letter to the New York Attorney General’s Office: The Truth Still Missing from the Lane Schlesinger Report

Marc Fishman, a disabled victim of Officer Lane Schlesinger, criticizes the New York Attorney General’s office for omitting significant misconduct cases in its report on police behavior. He demands transparency and acknowledgment of ongoing discrimination, urging the need for full disclosure regarding the officer’s history and the importance of protecting disability rights. Continue reading Open Letter to the New York Attorney General’s Office: The Truth Still Missing from the Lane Schlesinger Report

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disability rights, Letter, Michelle Schauer

Disabled Father Warns Westchester Court: FERPA and ADA Violations Will Trigger Federal Action

Marc Fishman writes to Judge Schauer defending his parental rights under federal laws ensuring access to his children’s educational records. He highlights ongoing legal violations by opposing counsel, Virginia Foulkrod, and emphasizes the obligation of schools and courts to accommodate disabled parents. Fishman threatens federal action if access is denied. Continue reading Disabled Father Warns Westchester Court: FERPA and ADA Violations Will Trigger Federal Action

Unknown's avatarMichael PhillipsLeave a comment
Article, Leticia James

FOLLOW-UP REPORT: Another “Pattern Misconduct” Officer Letitia James Publicly Exposed — While Hiding Marc Fishman’s Case

New York Attorney General Letitia James released a report on Lt. Gabriel Cuevas detailing years of misconduct yet withheld similar findings related to Marc Fishman’s false arrest, revealing a conflict of interest as her office defended others involved. This selective disclosure raises concerns about transparency and favoritism within her office, affecting victims. Continue reading FOLLOW-UP REPORT: Another “Pattern Misconduct” Officer Letitia James Publicly Exposed — While Hiding Marc Fishman’s Case

Unknown's avatarMichael PhillipsLeave a comment
Article

Justice Denied: Why New York Must Answer for Marc Fishman

Marc Fishman, a disabled father, faces a 45-day jail sentence despite clear evidence of his innocence, including exonerating video and police misconduct. Prosecutors continue to ignore these findings, failing in their ethical duty. His case reflects broader systemic issues in New York’s justice system, particularly regarding the rights of disabled defendants. Continue reading Justice Denied: Why New York Must Answer for Marc Fishman

Unknown's avatarMichael PhillipsLeave a comment
Article

How Do You Jail the Disabled Dad While the System Walks Free?

Marc Fishman, a Bronx father and disability rights advocate, faces a 45-day jail sentence after a seven-year legal battle against Westchester County authorities. His case highlights systemic issues, including denial of ADA accommodations and withheld exculpatory evidence. Supporters advocate for his release, emphasizing the broader implications for disabled litigants in the judicial system. Continue reading How Do You Jail the Disabled Dad While the System Walks Free?

Unknown's avatarMichael PhillipsLeave a comment
Article

Justice Denied in Westchester: The Cruel Campaign Against Marc Fishman

Westchester County Family Court, under Judge Michelle Schauer, has faced criticism for mishandling Marc Fishman’s case, where he has been denied visitation rights for nearly five years. Despite evidence of parental alienation and legal violations, the court continues to dismiss his claims, raising concerns about judicial impartiality and systemic abuse. Continue reading Justice Denied in Westchester: The Cruel Campaign Against Marc Fishman

Unknown's avatarMichael PhillipsLeave a comment