U.S. District Court: AIDS.

Hallett v. New York State Dept. of Correct. Serv., 109 F.Supp.2d 190 (S.D.N.Y. 2000). A former inmate brought an action against state correctional officials alleging he was denied access to special programs while incarcerated due to his status as an HIV-positive amputee, in violation of the Americans with Disabilities Act (ADA), the Rehabilitation Act and state laws. The district court dismissed the case in part. The court found that the Eleventh Amendment did not provide immunity for officials for alleged violations of ADA and the Rehabilitation Act. The court found that the inmate's allegations that he was denied entrance into a shock incarceration program and work release programs due to his disability supported claims for alleged violations of ADA and the Rehabilitation Act. The court held that the former inmate stated a [sections] 1983 claim by alleging that officials failed to provide him with an adequate wheelchair for five months, despite receiving notification that the inmate was in pain and the inma te's grievances concerning confiscation of his personal wheelchair, along with allegations that the inmate suffered severe back pain and a cut to his hear as the result of the officials actions. The inmate successfully alleged the personal involvement of a prison superintendent and director. (Elmira Correctional Facility and Green Haven Correctional Center, New York)