[Download] "Fulton v. Goord" by Seventh Circuit U.S. Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Fulton v. Goord
- Author : Seventh Circuit U.S. Court of Appeals
- Release Date : January 22, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Eunice Fulton suffers from multiple sclerosis. Her illness prevented her from visiting her husband in an upstate New York prison, roughly 300 miles from her New York City home, as part of a state-run Inmate Visitor Program (IVP). Proceeding pro se, Fulton sued officials of the New York State Department of Correctional Services (DOCS), pursuant to the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132, and the Rehabilitation Act, 29 U.S.C. § 794(a), seeking relief for the defendants asserted failure to accommodate her disability in administering the IVP. The United States District Court for the Northern District of New York (Gary L. Sharpe, Judge) dismissed Fultons suit for both lack of standing and failure to state a claim. The district court, however, was misguided in viewing Fultons suit as consisting of claims solely based on the defendants refusal to transfer her husband to a prison closer to New York City, when in fact the basis of Fultons claim is broader: the defendants failure even to consider whether her disability could be reasonably accommodated.
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