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Landmark Cases

HARGRAVE v. State of VERMONT (Dept. of Mental Health)

340 F.3d 27 (2003)

Vt. created a durable power of attorney law (DPOA) so that patients could direct their own care if incompetent in future. Then Vt. wrote a law (Act) to allow override of DPOA if MI & committed/ Arrested.

Pt claimed discrimination under ADA.

Court said:

(1) plaintiff class suffered injury-in-fact sufficient to establish standing;

(2) Act excluded qualified individuals from state's DPOA program;

(3) Act discriminated on basis of disability; and

(4) injunction against enforcement of Act did not constitute a fundamental alteration to Vermont's DPOA program.

Basically, to override MI but no one else was a violation of ADA.