Thaddeus Shortz, # 447-109, raises claims arising from his housing at the Maryland Correctional Training Center (“MCTC”) . He is presently housed at the Jessup Correctional Institution (“JCI”). Mr. Shortz raises claims concerning the confiscation of his personal wheelchair and the failure of the institution to install handrails inside of the cell around his toilet. He contends that defendants conduct amounts to constitutional and ADA violations of the ADA. He seeks $250,000 in punitive damages, $300,000 in compensatory damages and a prescription for a wheelchair.
II. Factual Background.
Confiscation of wheelchair
On August 28, 2016, Mr. Shortz’s personal “Quickie Wheelchair” was confiscated from him due to his being placed on administrative segregation. Exhibit 2, Declaration of MCTC Inmate Grievance Office (“IGO”) & ARP Lieutenant, Dwayne Draper, at ¶2,§1. He filed a Request for Administrative Remedy (“ARP”), which was date stamped received on September 1, 2016 and assigned Case No. MCTC 1082-16, regarding the confiscation. Exhibit 3, Pertinent ARPs of Thaddeus Shortz, # 447-109, at pp. 1-2. Mr. Shortz is a below the knee amputee and state in his ARP that the wheelchair was prescribed to him …show more content…
6-7. Three days later, Mr. Shortz, was reevaluated, on August 31, 2016 by Physician Assistant Lori Slavick, for a wheelchair. Exhibit 3, at ¶4; Exhibit 4, at pp. 9-10. P.A. Slavick reported, “[Patient] having a difficult time ambulating long distances and is unable to wear protective sleeve for his R AKA. Theresa Shortz (mother) will be sending in his sleeves and socks for patient as per discussion with custody Captain Smith. NWNP filled out today for use of wheelchair outside of cell. Will follow up with patient as needed. [Patient] in agreement with treatment plan. CO Venci present for encounter.” Exhibit 3, at ¶4; Exhibit 4, at pp.