Shaw v. Kemper et. al.
7th Cir. No. 21-3265
Mr. Shaw, who is a wheelchair user, was unable to access the prison’s only handicapped-accessible toilet on multiple occasions because it was in use. On one occasion, Mr. Shaw dragged himself along the ground for approximately 180 feet in search of another accessible bathroom before giving up.
Mr. Shaw filed a pro se complaint alleging violations of the ADA and Rehabilitation Act, but the district court dismissed it at screening, characterizing his inability to access a handicapped toilet as a mere "inconvenience" of prison life rather than a denial of services. The Seventh Circuit vacated the dismissal and remanded, holding that a handicapped-accessible toilet is a prison service within the meaning of both statutes and that Mr. Shaw's allegations were sufficient to survive screening.
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