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· 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).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.