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Kiman v. New Hampshire Dept. of Corrections.



U.S. Appeals Court

FAILURE TO PROVIDE CARE

ADA Ada, city, United States
Ada (ā`ə), city (1990 pop. 15,820), seat of Pontotoc co., S central Okla.; inc. 1904. It is a large cattle market and the center of a rich oil and ranch area.
 -- Americans with Disabilities Act Americans with Disabilities Act, U.S. civil-rights law, enacted 1990, that forbids discrimination of various sorts against persons with physical or mental handicaps.  

Kiman v. New Hampshire Dept. of Corrections, 301 F.3d 13 (1st Cir. 2002). A former inmate suffering from amyotrophic lateral sclerosis amyotrophic lateral sclerosis (ALS) (ā'mīətrōf`ik, sklĭrō`sĭs) or motor neuron disease,  (ALS Als (äls), Ger. Alsen, island, 121 sq mi (313 sq km), Sønderjylland co., S Denmark, in the Lille Bælt, separated from the mainland by the narrow Alensund. ) brought a [section] 1983 action against corrections officials, alleging violations of the Americans with Disabilities Act (ADA). The district court dismissed the case and the former inmate appealed. The appeals court reversed and remanded. The appeals court held that Title II of ADA abrogated the State's sovereign immunity under the Eleventh Amendment. The former inmate alleged that he was denied: the use of a cane for his daily walks; a chair in the shower; exemption from food lines; a cell that did not require him to climb stairs; accessible sanitary facilities; and his prescribed medications. (New Hampshire Department of Corrections)
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Title Annotation:MEDICAL CARE
Publication:Corrections Caselaw Quarterly
Article Type:Brief Article
Geographic Code:1USA
Date:May 1, 2003
Words:136
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