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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12133
Experience:  JD, MBA
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I requested ADA accommodations with the court. They were

Customer Question

I requested ADA accommodations with the court. They were denied. The judge played doctor and said he didn't see a disability. He forced me to go through trial without accommodations. The final orders were issued Friday. My ADA advocate said I have a Void Judgement because my constitutional rights were violated. My question is,1. Is this true?
2. What do I do about it?
Submitted: 7 months ago.
Category: Family Law
Expert:  TJ, Esq. replied 7 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions. However, I need a little more information.

(1) What was the outcome of the lawsuit? Shall I assume that you lost?

(2) How did the disability affect the outcome of the lawsuit? In other words, would you have won the lawsuit if you had been granted the accommodations?

(3) Finally, what is the disability?

Thanks.

Customer: replied 7 months ago.
1. Yes
2. Yes
3. PTSD
Expert:  TJ, Esq. replied 7 months ago.

Hello again.

You may have recourse, though it's not as simple as the ADA advocate seems to have made it sound to you. The judgment is not void at this point, though it may be voidable if you take action.

You can file an appeal, and in the appeal you will need to prove that you have a disability under the ADA, that you properly proved to the judge that you have such disability, and that the outcome of the lawsuit may have been different had the judge properly accommodated you per your request. As an aside, the accommodation must also be reasonable.

As a separate matter, you may also wish to sue the County for violating the ADA. This would be a separate lawsuit since it wouldn't depend upon the merits of the previous lawsuit, and instead the only issue would be whether the judge violated the ADA by refusing to accommodate you.

My suggestion is to retain a local attorney who can take legal action on your behalf. Dealing with these two issues on your own will be difficult and require an experienced litigator and researcher.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

Customer: replied 7 months ago.
The judge denied my accommodations based on him not "seeing" a disability. I heard there is something about practicing medicine from the bench... not clear, but evidently he's not qualified and it's not appropriate for him to dismiss the disability based on his observation. He had evidence of a legitimate diagnosis.
Expert:  TJ, Esq. replied 7 months ago.

Hello again.

It sounds like you have a very good basis to (1) appeal the case, and (2) sue the county for violation of the ADA.

Expert:  TJ, Esq. replied 7 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue.

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