People with disabilities are overpoliced and, as a result, disproportionately suffer injuries caused by police misconduct. Section 1983 is the primary vehicle for remedying injuries caused by police misconduct, but the cause of action is increasingly encumbered. Practitioners, scholars, and courts alike have criticized the doctrinal barriers that systematically disadvantage § 1983 plaintiffs, including the immunities framework, municipal liability doctrine, and the exclusion of federal officers. In light of these restrictions on constitutional claims, and given the high proportion of people with disabilities among those injured by the police, federal disability law is often a preferrable cause of action for civil rights claimants in the policing context. Title II of the Americans with Disabilities Act applies to police agencies and emergency response services, and it poses several distinct advantages for plaintiffs relative to § 1983. Civil rights litigators should raise disability discrimination claims in the policing context more often, as consistent with recent high-profile actions by organizational plaintiffs and the Department of Justice aiming to reform systemic police practices.

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