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Kiman v. New Hampshire Dept. of Corrections.

U.S. Appeals Court

FAILURE TO PROVIDE CARE

ADA -- Americans with Disabilities Act

Kiman v. New Hampshire Dept. of Corrections, 301 F.3d 13 (1st Cir. 2002). A former inmate suffering from amyotrophic lateral sclerosis (ALS) 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
Previous Article:Estate of Hampton v. Androscoggin County.
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