Filed Date: Aug. 8, 2016
Closed Date: 2016
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On August 8, 2016, the plaintiff brought this action under 42 U.S.C. § 1983 in the U.S. District Court for the District of Oregon against the Oregon Department of Corrections (ODOC) and the State of Oregon, claiming violations of the Eighth Amendment and Americans with Disabilities Act (ADA) and Rehabilitation Act. In July 2015, the plaintiff, a former prisoner, became paralyzed in his cell. Before his release into the community without any resources or the ability to take care of himself, the plaintiff sought emergency injunctive relief that he be released to an appropriate care facility paid by the State of Oregon for a reasonable period of time to provide him the ability to access care, as well as declaratory relief, and attorney's fees and costs.
The plaintiff claimed that the defendants failed to provide a reasonable accommodation and planned to release him without an adequate release plan, and denied him the rights and benefits in violation of the ADA and Rehabilitation Act.
On August 11, 2016, District Judge Michael J. McShane granted in part the plaintiff's motion for an emergency preliminary injunction. Judge McShane held that the ODOC was required to provide the plaintiff with a wheelchair upon release, and to release the plaintiff to an ADA-compliant motel. The ODOC was ordered to conduct twice-daily check-ins on the plaintiff through August 26, 2016: one contact by phone and one contact in-person.
On August 12, 2016, the defendants moved to modify the order to allow the check-ins to be provided by a representative from an adjacent correctional facility. The court granted the motion on the same day.
On September 1, 2016, Judge Michael J. McShane granted the defendants' unopposed motion for extension of time to answer.
Because the court's TRO made the plaintiff's claim moot, the plaintiff voluntarily dismissed this action without prejudice on September 13, 2016.
Summary Authors
Susie Choi (2/17/2017)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5511648/parties/fox-v-peters/
McShane, Michael Jerome (Oregon)
Walsh, Lynn S (Oregon)
Nordyke, Vanessa A. (Oregon)
McShane, Michael Jerome (Oregon)
See docket on RECAP: https://www.courtlistener.com/docket/5511648/fox-v-peters/
Last updated April 14, 2024, 3 a.m.
State / Territory: Oregon
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Aug. 8, 2016
Closing Date: 2016
Case Ongoing: No
Plaintiffs
Plaintiff Description:
A physically disabled prisoner
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Oregon Department of Corrections, State
Defendant Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Constitutional Clause(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Preliminary injunction / Temp. restraining order
Source of Relief:
Form of Settlement:
Content of Injunction:
Issues
Disability and Disability Rights:
Medical/Mental Health:
Type of Facility: