Hale v. King, et al., No. 07-60997 (5th Cir. 2011)
Annotate this CaseAppellant, proceeding pro se and in forma pauperis, filed a lawsuit against appellees asserting claims under 42 U.S.C. 1983 and Title II of the Americans with Disabilities Act of 1990 ("ADA"), 28 U.S.C. 1915(e)(2), based in part on the allegations that he suffered from certain conditions during his incarceration and appellees failed to provide him with adequate medical care and prevented him from using the community work centers, accessing the satellite and regional prison facilities, working in the kitchen, and attending school. At issue was whether appellees were entitled to sovereign immunity for claims that they violated Title II of the ADA. As a preliminary issue, the court held that appellant had not alleged facts from which the court could reasonably infer that he suffered from a qualifying disability under the ADA and remanded the case to the district court in order to allow appellant to amend his Title II allegations where he had not had an opportunity to amend his claim after being alerted of its deficiencies.
This opinion or order relates to an opinion or order originally issued on October 14, 2010.
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