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PHS Not Liable in Kansas Wheelchair Collapse

Loaded on Aug. 15, 2008

Filed under: Prison Health Services, Discrimination, Disabled Prisoners, Americans with Disabilities Act, Rehabilitation Act, Premises Liability. Location: Kansas.

The defendants were not deliberately indifferent in providing the plaintiff a wheelchair that collapsed under him. The court notes that they always recognized his medical needs by providing him a wheelchair, he signed two forms reflecting that the wheelchair issued to him was in good working order and he filed no grievances about it, there was some indication that he sometimes used medical equipment in a rough manner, supporting a discretionary decision to give him an older wheelchair, and he got medical care immediately when he fell.

The plaintiff had no ADA or Rehabilitation Act claim because there was no evidence that he had been excluded from programs or denied other benefits afforded to others. See: Moore v. Prison Health Services, 24 F.Supp.2d 1164 (D.Kan. 1998).

Related legal case

Moore v. Prison Health Services

Year	1998
Cite	24 F.Supp.2d 1164 (D.Kan. 1998)
Level	District Court
Injunction Status	N/A