Case Number: 2018-001535


This is a 42 U.S.C. § 1983 civil rights case referred to the Federal Pro Bono Program for the limited purpose of participating in the settlement negotiations. The Plaintiff sustained numerous injuries during transportation to receive medical care on multiple different occasions.  Plaintiff is confined to a wheelchair as a result of a series of strokes which have left him paralyzed.  A partial list of events include: not being transported in an ADA compliant vehicle; being lifted inappropriately which resulted in various injuries to his groin, arm, head, and neck; and wheelchair not secured during transport.  Plaintiff brings these claims pursuant to the ADA and Rehabilitation Act (“RA”), 29 U.S.C. § 794 or Section 5, and asserts that each Defendant discriminated and/or denied Plaintiff the prison service of the ADA transportation vehicle when they transported him to medical appointments. Plaintiff also alleges that he was deprived of services due to each Defendant being improperly trained and/or supervised in the handling and transportation of prisoners with disabilities. In addition to the ADA and RA claim, the Court also interprets the allegations as a claim under the Eighth Amendment for deliberate indifference.  The Plaintiff also alleges a violation of the Eighth Amendment cruel and unusual punishment clause which a Defendant failed to provide timely medication attention when Plaintiff was suffering from a stroke, accused Plaintiff is faking a problem to get out of work, and twisting his arm to the point it became dislocated or broken.  The Plaintiff also seeks injunctive relief requesting that the prison officials undergo training.  Documents available for review: Screening Order, Referral Order, and the Complaint.