U.S. Court of Appeals For the Seventh Circuit
Civil Rights – ADA – Rehabilitation Act; prisons
Summary judgment was properly granted to the defendants on a prisoner’s claim that failure to repair his wheelchair violated the ADA and the Rehabilitation Act.
“Wagoner’s strongest argument is that by failing to repair his wheelchair, IDOC impeded his access to facilities available to non-disabled prisoners. But Wagoner has not asserted as did the prisoner in Love v. Westville Correctional Center, that he was ‘denied all access to some programs and activities, and his access to others was severely limited.’ 103 F.3d at 560. Wagoner says only that he was inconvenienced with longer waits and humiliation, as when he had to crawl off the regular van because it did not accommodate his wheelchair. These disconcerting allegations do not amount to a denial of services within the meaning of either statute. Wagoner could have claimed that the wheelchair itself is a service under either act, because it is necessary to accommodate his paraplegia, but IDOC provided Wagoner with a new wheelchair before he filed his grievance about the backrest.”
13-3839 Wagoner v. Lemmon
Appeal from the United States District Court for the Northern District of Indiana, Nuechterlein, Mag. J., Wood, J.