No. 18-5077

Frankie L. McCoy v. Maryland Department of Public Safety and Correctional Services, et al.

Lower Court: Fourth Circuit
Docketed: 2018-07-03
Status: Denied
Type: IFP
IFP
Tags: ada ada-compliance administrative-remedies civil-rights correctional-facility-conditions disability-rights due-process equal-protection exhaustion-of-remedies medical-evidence personal-injury rehabilitation-act
Latest Conference: 2018-09-24
Question Presented (from Petition)

Did the trial court Circuit Court of Appeals for the Fourth Circuit erroneously abuse its discretion in dismissing the instant case bought by a multiple physically impaired inmate requiring dry-cell-flood and railing to,support his (daily-modility) rather than being trapped in a lock-cell flooded with (4) inch ankle-deep wwater for at least 1 '/ hour, causing the multiple physical impaired inmate to fall (2) times sustain (2) head, face, jaw, neck (L) shoulder concussion against "metal foot-locker and cement flooded floor", etc. while duly seeking fairdue-process at schedule "IGO" held proceeding-hearing before "DOC" Administrative Law Judge, Peza on (December 4, 2014), Dana Gunn, "IGO" representive on "Record" transcript of proceeding at page's (163) state asked Administrative Law Judge ask that you don't consider any regards to (personal-injury's) as we're unprepared to defend ourselves in that matter!!! Clearly, prejudice the Plaintiffs rights fundamental-fair due-process. See: (Transcript of proceeding's) equal protection of Law. And other requirements under the "ADA and Rehabilitation, Act; pursuant Pennsy Dept. of Correction v. Yeskey, 66 USHW 4481, 1998 WL 20906 Decided June 15, 1998. Bragdon v. Abbott, 118 S. Ct. 2196 (1998) (ADA) City of Cleburne v. Cleburne Living Couter, 473 N.S. 432,444 (1985)?

Did the Court of Appeals for (4th) Circuit erroneously ignore Petitioner's existing medical evidence and genuine disputes of material facts (5) sworn (Affidavit's) as to the claims which Petitioner is still raising?

Did the Appellate Court below continue abuse its discretion in affirming Petitioner, had duly "Exhausted his Administrative Remedies" despite, the Plaintiff's having provided the District Court and the Appellate Court with "Documented credible proof' of at less (364/37) "IGO" Exhibits as well copies of "IGO" Transcripts of proceedings held: December 4, 2014 and Judicial-Review proceedings also held: April 14, 2014. Notwithstanding, also: "Petitioner Memorandum of Law in Response under: Md. Rule 7 7207 (A.) filed: July 15, 2015, "Exhaustion" of (all) known "State Administrative Remedies, pursuant: Kiss v. Blake, U.S. 136 S.Ct 1850 (2016) before, finally filing a Sec 42, USC 1983 complaint (January14, 2016). See: Attached (Exhibit's).

District Court and Appellate Court erroneously - erra and ignored the materialfacts presented by the Petitioner, namely that the Petitioner was (only) raising fiction against: "Md. Dept, of Correctional Service Ex-Warden, Deyenna Corcoran, and Sgt. M. Fisher, OIC". See: Attached-(Medical-Exhibit's) Records sustained (Injuries) on "January 21, 2013" (2) "Concussion's head, face, blurred-vision, dizziness,

Question Presented (AI Summary)

Did the trial court and Court of Appeals for the Fourth Circuit erroneously dismiss the case brought by a physically impaired inmate seeking accommodations under the ADA and Rehabilitation Act?

Docket Entries

2018-10-01
Petition DENIED.
2018-08-16
DISTRIBUTED for Conference of 9/24/2018.
2018-03-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 2, 2018)

Attorneys

Frankie L. McCoy
Frankie McCoy Sr. — Petitioner