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14-099 - MCINTOSH v. BROWN et al


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14-099 - MCINTOSH v. BROWN et al
March 23, 2018
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Entry Granting Corizon's Motion for Summary Judgment and Denying Indiana Department of Correction's Motion for Summary Judgment - Plaintiff Michael McIntosh, a former Indiana state prisoner, alleges that employees of the Indiana Department of Correction ("IDOC") and Corizon, Inc. ("Corizon") failed to accommodate his disability. They allegedly failed to provide him with a portable oxygen tank and wheelchair after he was transferred to Wabash Valley Correctional Facility ("Wabash Valley"). As a result, Mr. McIntosh spent the majority of his time confined to his prison cell or within its immediate vicinity, in order to stay close to his oxygen concentrator. This restricted Mr. McIntosh's opportunities to participate in recreation, attend church services, or visit the law library. His claims are brought under the Rehabilitation Act, 29 U.S.C. § 794 et seq., and the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq. Each defendant seeks resolution of the claims alleged against it through summary judgment. The plaintiff has opposed these motions.2 For the reasons explained below, Corizon's motion for summary judgment, dkt 230, is granted and the IDOC's motion, dkt 229, is denied. For the reasons stated in this Entry, genuine issues of material fact preclude summary judgment on Mr. McIntosh's claims for money damages under the ADA and Rehabilitation Act against the IDOC. The ADA and Rehabilitation Act claims alleging intentional discrimination shall proceed against the IDOC. The IDOC's motion for summary judgment is denied. Corizon's motion for summary judgment, dkt 230, is granted. No partial final judgment shall issue at this time as to the claims resolved in this Entry. IDOC's motion for summary judgment, dkt 229 is denied. The ADA and Rehabilitation Act claims against IDOC shall be resolved either at trial or through settlement. (See Entry). Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 3/23/2018. (APD)