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Case Name Fox v. Peters PC-OR-0014
Docket / Court 6:16-cv-01602-MC ( D. Or. )
State/Territory Oregon
Case Type(s) Disability Rights-Pub. Accom.
Prison Conditions
Case Summary
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 ... read more >
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.

Susie Choi - 02/17/2017


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Content of Injunction
Preliminary relief granted
Defendant-type
Corrections
Disability
Mobility impairment
Medical/Mental Health
Medical care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) Oregon Department of Corrections
Plaintiff Description A physically disabled prisoner
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Preliminary injunction / Temp. restraining order
Source of Relief Litigation
Form of Settlement Voluntary Dismissal
Case Closing Year 2016
Case Ongoing No
Additional Resources
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  Cruel Confinement: Abuse, Discrimination and Death Within Alabama's Prisons
Date: Jun. 4, 2014
(Southern Poverty Law Center )
[ Detail ] [ External Link ]

  Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
Date: May 2006
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
Date: Jan. 1, 1998
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
6:16−cv−01602−MC (D. Or.)
PC-OR-0014-9000.pdf | Detail
Date: 09/13/2016
Source: PACER [Public Access to Court Electronic Records]
General Documents
Fox v. Peters [ECF# 1]
PC-OR-0014-0001.pdf | Detail
Date: 08/08/2016
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 2] (D. Or.)
PC-OR-0014-0002.pdf | Detail
Date: 08/11/2016
Source: PACER [Public Access to Court Electronic Records]
Judges McShane, Michael Jerome (D. Or.)
PC-OR-0014-0002 | PC-OR-0014-9000
Plaintiff's Lawyers Walsh, Lynn S (Oregon)
PC-OR-0014-0001 | PC-OR-0014-9000
Defendant's Lawyers Nordyke, Vanessa A. (Oregon)
PC-OR-0014-9000

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