· 10/23/2019
Kelley v. Bryan Ins. Agency, Inc.
Citations
- 2019 NY Slip Op 7572
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that because a prison officials’ refusal to accommodate an inmate’s disability needs “in such fundamentals as mobility, hygiene, [and] medical care” can violate both the ADA and Eighth Amendment, sovereign immunity was abrogated
- under the objective prong of the test for deliberate indifference, the inmate must first prove “an objective exposure to a substantial risk of harm”
- “There is no question that the mobility-impaired subclass has a qualifying disability . . . .”
- first quoting Windham v. Harris County, 875 F.3d 229, 235 (5th Cir. 2017); and then citing Smith v. Harris County, 956 F.3d 311, 317 (5th Cir. 2020)
- deliberate indifference “cannot be inferred from a negligent or even a grossly negligent response to a substantial risk of serious harm,” but rather “requires a showing of a wanton disregard for the prisoners’ safety or recklessness”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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