Dist. Ct. erred in denying plaintiff-prisoner’s request for certification of class members consisting of detainees who needed canes, crutches or walkers in area of jail that plaintiff alleged failed to contain grab bars and other fixtures that would allow said detainees to use showers and bathrooms safely, where plaintiff alleged that said failure violated Uniform Federal Accessibility Standards. Dist. Ct. based denial on observation that plaintiff’s request would require that it rule on merits of plaintiff’s case. Ct. of Appeals, in remanding matter back for full consideration as to whether plaintiff’s request for class certification met all requirements of Rule 23(a) and (b), found that Dist. Ct. need not rule on merits of case when determining class certification request.
Federal 7th Circuit Court
Civil Court
Class Action