Amicus Brief of Disability Services Experts in Markelle Seth v. District of Columbia, et al.

31 Pages Posted: 4 May 2020

See all articles by Sarah H. Lorr

Sarah H. Lorr

University of Maryland Francis King Carey School of Law

Prianka Nair

Brooklyn Law School

Brian Wolfman

Georgetown University Law Center

Date Written: December 19, 2019

Abstract

This amicus brief, written on behalf of experts in the delivery of services to people with intellectual and developmental disability, supports reversal of the district court decision to dismiss a complaint challenging the indefinite detention of Markelle Seth, a young man with intellectual disabilities, who is suffering in prison despite not having been convicted of any crime.

Mr. Seth challenges the failure of the District of Columbia to provide him with supports and services in the most integrated setting appropriate. There is strong evidence that Mr. Seth, like many individuals with intellectual and developmental disability, can be safely treated in the community. Among experts in the delivery of services to people with intellectual disability, there is consensus that individuals with intellectual disability who engage in sexually inappropriate behavior are not necessarily “sexually deviant.” This brief offers research to contextualize the occurrence of inappropriate sexual behavior among individuals with intellectual disability and the successful treatment of these individuals through individualized, community-based treatment programs.

Keywords: intellectual disability, sexuality, discrimination

Suggested Citation

Lorr, Sarah H. and Nair, Prianka and Wolfman, Brian, Amicus Brief of Disability Services Experts in Markelle Seth v. District of Columbia, et al. (December 19, 2019). Available at SSRN: https://ssrn.com/abstract=3570944 or http://dx.doi.org/10.2139/ssrn.3570944

Sarah H. Lorr (Contact Author)

University of Maryland Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201

Prianka Nair

Brooklyn Law School ( email )

250 Joralemon Street
Brooklyn, NY 11201
United States

Brian Wolfman

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

HOME PAGE: http://www.law.georgetown.edu/faculty/brian-wolfman/

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