Shaw v. Kemper

Dist. Ct. erred in dismissing at pleading stage plaintiff-prisoner’s action, alleging violations of Americans with Disabilities Act (ADA) and Rehabilitation Act, where plaintiff, who was confined to wheelchair and incontinent, defecated on himself on three occasions when he could not use handicapped restroom. Record showed that at times plaintiff attempted to use handicapped restroom, it was occupied by non-disabled inmate, and that each time plaintiff complained to defendants-prison officials about lack of access to restroom, his grievances resulted in prison staff merely saying that they could not reserve restroom time for him or control actions taken by other inmates. Instant complaint was sufficient to allege ADA and Rehabilitation Act violations, where: (1) plaintiff’s confinement to wheelchair and his incontinence rendered him disabled under both statutes; (2) plaintiff plausibly alleged that defendants intentionally denied him prison service or program, i.e., use of handicap-accessible restroom; and (3) plaintiff plausibly alleged that defendants breached their obligation of accommodating his disability by failing to ensure reasonable access to handicapped restroom.