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Private Prison Corporation Not Subject To ADA, and Arbitration Matter

By FindLaw Staff on April 30, 2010 | Last updated on March 21, 2019

Edison v. Douberly, No. 08-15819, concerned an action by a prisoner alleging violations of the American With Disabilities Act (ADA).  The court of appeals affirmed summary judgment for defendant on the ground that the term "instrumentality of a State" referred to governmental units or units created by them, and defendant private corporation was not a public entity merely because it contracted with a public entity to provide some service.

Frazier v. CitiFinancial Corp., No. 08-15188, involved plaintiff's appeal from the district court's order confirming an arbitration award in favor of defendant bank and its subsequent order denying her motion to vacate the award.  The Eleventh Circuit affirmed, on the grounds that 1) the arbitrator did not exceed his authority or award upon a matter not submitted to him in granting defendant an equitable lien against the subject property; 2) the arbitrator's grant of an equitable lien, even assuming it was error, did not render the award imperfect in matter of form not affecting the merits of the controversy; and 3) judicially-created bases for vacatur of an arbitral award were no longer valid.

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