Norfleet v. Walker

Dist. Ct. erred in dismissing plaintiff-wheelchair-bound prisoner’s claim alleging that defendants-prison officials violated Americans with Disabilities Act (ADA) by denying plaintiff’s request to engage in outdoor recreational activities unless at least nine other disabled inmates made similar request, and that defendant’s refusal resulted in plaintiff going seven weeks without such recreation. While plaintiff’s claim might not be viable where question remains as to whether state officers are immune from lawsuits under ADA, Dist. Ct. should have considered plaintiff’s claim under Rehabilitation Act where: (1) plaintiff sued agency that received federal funds; and (2) plaintiff asserted that defendants denied him prison activity on account of his disability.