holding that an action for monetary damages under Title II of the ADA is permitted for a reasonable accommodation claim, without a showing of discriminatory animus
Summary of this case from Dickinson v. York05 Civ. 10883 (WHP).
February 2, 2010
Plaintiff's motion to strike Defendants' opposition papers (Docket No. 78) is denied.
SO ORDERED.
holding that an action for monetary damages under Title II of the ADA is permitted for a reasonable accommodation claim, without a showing of discriminatory animus
Summary of this case from Dickinson v. Yorkholding that refusal of care effectively refutes an Eighth Amendment claim of deliberate indifference
Summary of this case from Hemby v. McGrawfinding that a failure to send the plaintiff to the hospital until two days after he first reported abdominal pain did not constitute deliberate indifference to a serious medical need because he was eventually taken to the hospital after his abdominal pain persisted
Summary of this case from Gray v. Whitefinding that the plaintiff failed to demonstrate that his alleged mistreatment by the defendants "occurred because of his disability"
Summary of this case from Blandon v. Aitchisonfinding that the plaintiff's allegations related to uncomfortable or inadequate hearing aids failed to rise to the level of a constitutional violation
Summary of this case from Cole v. N.Y. State Dep't of Corr. & Cmty. Supervisionfinding force to be de minimus as a matter of law where plaintiff suffered no pain
Summary of this case from Scott v. City of White Plainsconcluding that some defendants waived their defense of lack of exhaustion under the PLRA
Summary of this case from Blaylock v. Montalbanogranting summary judgment where prison waited two days after complaints of abdominal pain to transport plaintiff to hospital and later failed to transport him to appointments
Summary of this case from Vansertima v. Dep't of Corr.denying summary judgment "[b]ecause [the plaintiff's] prison conditions, if true, violated the Eighth and Fourteenth Amendments, [thus] the State's sovereign immunity from Title II claims [was] abrogated under [United States v. Georgia]."
Summary of this case from Ramirez v. Bernsteindenying summary judgment when plaintiff's "numerous requests, his attorney's letters, and prison records of [his] worsening condition create[d] a fact issue [of] whether Defendants disregarded [his] conditions."
Summary of this case from Ramirez v. Bernsteindiscussing standard for inhumane conditions of confinement claim under Eighth Amendment
Summary of this case from Silva v. Williamsdismissing the plaintiff's medical indifference cause of action where he claimed that the defendants "waited two days after he complained of abdominal pain to take him to the hospital"
Summary of this case from Abreu v. Farleyexplaining that "[w]here, as here, a plaintiff may proceed on his ADA claims against the State entity directly, courts in this Circuit dismiss the official capacity claims because they are redundant of the claims against the government entity."
Summary of this case from Harrington v. Vadlamudiagreeing that inmates' ADA claims must be exhausted
Summary of this case from Crichlow v. Crowleyagreeing that inmates'ADA claims must be exhausted
Summary of this case from Parra v. Wrightdismissing claim where corrections staff waited two days to send plaintiff to a hospital after he complained of abdominal pain
Summary of this case from Mitchell v. New York City Department of CorrectionsFull title:STEPHEN D. ALSTER, Plaintiff, v. GLENN S. GOORD et al., Defendants
Court:United States District Court, S.D. New York
Date published: Feb 2, 2010
The PAC plausibly alleges Dr. Bernstein's continued inaction amounted to a conscious disregard of these risks…
Hamilton v. Westchester Cnty.42 U.S.C. § 1997e(a). Similarly, "claims under the ADA must be exhausted via the grievance procedure…