Home      Login

Abstract: 

John Charbonneau, an inmate in a state correctional facility, brought suit against the Vermont Department of Corrections after he was denied a requested transfer because of his medical condition. He had asked for a transfer to the work camp in St. Johnsbury where he would have been able to perform community service and earn additional reductions in the term of his sentence. Charbonneau suffered from Prinz-Metil angina, a condition which unpredictably causes intermittent, involuntary heart spasms, and he had experienced 16 of these episodes during the term of his incarceration. Robert Allen Bane was a state inmate in Virginia who had been issued a medical waiver stating that he should only be cuffed with his hand in front of him because he suffered from a “chronically unstable right shoulder due to ligament and nerve damage.” A “cuff front pass” like this was not unusual, and they were customarily posted on inmates’ cell doors.

Keywords: Americans with Disabilities Act, Charbonneau v. Gorczyk, Section 504, Rehabilitation Act

Affiliations:  1: Pace University School of Law Library.