Durham v. G. Kelley, et al
3rd Cir. No. 21-3187
Rights Behind Bars represents Tremayne Durham, an incarcerated man who has faced troubling treatment due to his disabilities while at New Jersey State Prison in Trenton. Mr. Durham, who suffers from lumbar stenosis, a painful spinal condition, had his medically necessary cane confiscated by prison officials. Despite repeated pleas for its return, Durham was left without his cane, shower handrails, or shower chair, leading to a fall in the shower and days of recovery in the prison's medical clinic.
Mr. Durham’s pro se complaint was dismissed at the screening order stage by the United States District Court for the District of New Jersey. RBB represented Mr. Durham on appeal. In a published opinion, the U.S. Third Circuit Court of Appeals has reinstated Durham's lawsuit, citing violations of the Americans with Disabilities Act, the Rehabilitation Act, and the Eighth Amendment's prohibition of cruel and unusual punishment. This case highlights the challenges people with disabilities face within the prison system and underscores the need for appropriate accommodations and respect for their rights.
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