Fitzgerald v. Corrections Corp. of America.

U.S. Appeals Court

FAILURE TO PROVIDE CARE

REHABILITATION ACT

ADA -- Americans with Disabilities Act 

Fitzgerald v. Corrections Corp. of America, 403 F.3d 1134 (10th Cir. 2005). A state prisoner brought a civil rights action against a county, the private operator of the county's jail, and others, alleging violation of the Americans with Disabilities Act (ADA), the Rehabilitation Act (RA), and violation of his Eighth Amendment rights. The district court granted judgment in favor of the defendants and the prisoner appealed. The appeals court affirmed in part, vacated in part, reversed in part, and remanded. The court held that the treating physician did not violate ADA, RA, or the Eighth Amendment by suggesting that surgery was on option for treating the prisoner's broken hip or that the prison could "do nothing" as an acceptable course of treatment. The prisoner was an insulin-dependent diabetic with a history of low blood sugar and seizures. He had requested a wheelchair when he was admitted to the jail to prevent him from falling and sustaining injuries, but the prisoner alleged that his requests for accommodations were denied. (David Moss Criminal Justice Center, Oklahoma)