Jaros v. Ill. Dep’t. of Corrections

Dist. Ct. erred in dismissing for failure to state cause of action plaintiff-prisoner’s action alleging that defendant-prison violated Rehabilitation Act by failing to accommodate his disability concerning necrosis in his hip by adding grab bars so that plaintiff could use prison toilet and showers and could navigate prison hallways leading prison cafeteria. He also asserted that defendant blocked his attempt to qualify for work release on account of his disability. Plaintiff’s stated viable Rehabilitation Act claim where he alleged that his disability pertained to major life activity, and defendant’s refusal to accommodate plaintiff’s disability kept him from accessing activities granted to other prisoners. Moreover, plaintiff alleged that he was healthy enough to qualify for work release program, and that his request for work release was denied only because he walked with cane.