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Prisoner – ADA and Rehabilitation Act Violation

7th Circuit Court of Appeals

Case Name: Terrance Shaw v. Paul Kemper

Case No.: 21-3265

Officials: Scudder, St. Eve, and Jackson-Akiwumi, Circuit Judges.

Focus: Prisoner – ADA and Rehabilitation Act Violation

Terrance Shaw, a former Wisconsin inmate, is confined to a wheelchair and incontinent. Three times in 2018 he complained that he was unable to access the handicapped toilet within the Racine Correctional Institution because it was occupied by a nondisabled inmate. His grievances resulted in nothing changing, with the prison staff saying that they could neither reserve restroom time nor control the actions of other inmates.  Shaw’s suit alleged violations of the Americans with Disabilities Act and Rehabilitation Act. But the district court, in screening the complaint, concluded that Shaw failed to state a claim and dismissed. This court believes that Shaw alleged enough, supplying the requisite factual allegations to survive screening and therefore returned the case to the district court for further proceedings.

Vacated and Remanded

Decided 10/25/22

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