SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND UNION PARISH DETENTION CENTER

SETTLEMENT TERMS

Legal Prerequisites & Definitions

6. Title II prohibits discrimination against qualified individuals with disabilities on the basis of disability in the “services, programs, or activities of a public entity.”  42 U.S.C. § 12132.  UPDC is a “public entity” as defined by Title II.  42 U.S.C. § 12131(1)(B).

7. The United States Department of Justice is authorized to determine UPDC’s compliance with Title II and its implementing regulation.  28 C.F.R. pt. 35, subpt. F.  The Attorney General is authorized to bring a civil action to enforce Title II.  42 U.S.C. § 12133.

8. Individuals with HIV are individuals with disabilities within the meaning of the ADA because HIV, a physical impairment, substantially limits one or more major life activities of such individuals, including the operation of the major bodily functions of the immune system and reproductive functions.  42 U.S.C. § 12102(2).

9. The term “detainees with HIV” means, for purposes of this Agreement, individuals under the jurisdiction, custody, or control of UPDC who have HIV, have a record of having HIV, such as testing positive for HIV or being medically treated for having HIV, or who are regarded as having HIV.  42 U.S.C. § 12102(1)–(4) 28 C.F.R. § 35.104.

10. In consideration of the mutual promises contained in this Agreement, the receipt and sufficiency of which is acknowledged, and to avoid the cost, expense, and uncertainty of protracted litigation, the Parties, intending to be legally bound, enter into this Agreement.