Failure-to-Protect Claim- Americans with Disabilities Act

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7^th Circuit Court of Appeals

Case Name: Latrona Renee Moore v. Western Illinois Correctional Center

Case No.: 22-1929

Officials: Sykes, Chief Judge, and Rovner and Kirsch, Circuit Judges.

Focus: Failure-to-Protect Claim- Americans with Disabilities Act

Moore, an inmate, initiated a lawsuit against a prison guard and the prison to which he was subsequently transferred, alleging a failure to protect him from an assault by another inmate, violation of his rights under the Americans with Disabilities Act (ADA), and a conspiracy among investigating officers to falsify the official report of the incident.

The court determined that Moore could not establish that the prison guard was cognizant of and willfully disregarded an excessive risk to his safety, a crucial element for a successful failure-to-protect claim. Moore’s testimony indicated that his complaints to the guard about the other inmate pertained more to annoyance and horseplay than a genuine fear for his safety.

Regarding his ADA claim, the court found Moore failed to demonstrate intentional disability-based discrimination. Although Moore expressed dissatisfaction with the distance to the healthcare unit, he never informed anyone at the prison that he required an accommodation to access services. Despite his loss of vision in one eye, Moore could still access all services in prison, albeit at a slower pace. The court found no evidence that any defendant was aware of his inability to access services or deliberately chose to deny him such access.

Having resolved all federal claims, the court declined to exercise supplemental jurisdiction over the state law claims.

Affirmed.

Decided 12/20/23

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