Kinard v. Florida Department of Corrections, et al.
11th Circuit No. 24-10359
Roy Kinard fractured his foot after slipping on a puddle of water from a leaking roof at Union Correctional Institution in Florida. He was not seen by a doctor until fourteen days after his fall. Over the following months, the prison physician, Dr. Cordero, misread his x-rays, told him his foot was fine, and repeatedly refused to prescribe pain medication or excuse him from work — requiring Kinard to walk nearly half a mile each way to his job on a broken foot. An air cast was eventually provided, but was never inflated, rendering it useless. When Kinard raised this at an appointment, Dr. Cordero responded only: "this concludes the meeting." Throughout this period, Kinard was forced to report to work or face solitary confinement, and was unable to access the prison yard or participate in recreational activities.
Kinard filed suit pro se, bringing claims under the ADA, Rehabilitation Act, and Eighth Amendment. The district court dismissed all claims, finding that he had not identified any program or service to which he was denied access and that Dr. Cordero's provision of some care precluded a finding of deliberate indifference.
Rights Behind Bars appealed. In November 2024, the Eleventh Circuit partially reversed. The court reversed the dismissal of Kinard's ADA and Rehabilitation Act claims, holding that his allegations — that his disability left him without meaningful access to recreational activities and other prison programs — were sufficient to state a claim.
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