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Author:  Margaret R.  Moreland, J.D., M.S.L.S..


Source: Volume 07, Number 06, September/October 2006 , pp.85-88(4)




Correctional Health Care Report

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Abstract: 

Kiman v. New Hampshire Department of Corrections is one of the latest decisions in a complex set of federal cases tackling the issue of the correct application of the Americans with Disabilities Act (ADA) within a prison environment. Matthew Kiman, who is afflicted with amyotrophic lateral sclerosis (ALS or “Lou Gehrig’s disease”), brought an action against the New Hampshire Department of Corrections and others alleging violations of the Americans with Disabilities Act.The neurologists did not make a final diagnosis (perhaps because Kiman missed appointments for further testing) but told him that he might have ALS or muscular dystrophy. In another case invoking the Americans with Disabilities Act, Champ Hallett, a New York State prison inmate, claimed that he had been denied the opportunity to participate in “shock incarceration” and work release programs because the above-the-knee amputation of his right leg required that he use a wheelchair.

Keywords: Three-Prong Test, physical therapist, shower chair, Level One, Garcia, Discrimination

Affiliations:  1: Pace University School of Law Library.

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