This case presents two (2) distinct questions addressing:

STATUTE OF LIMITATIONS (SOL)

The FIRST question presented is::

Whether a covered entity of a State can maintain an "unlawful practice" of evading its responsibilities under the Americans with Disabilities Act of 1990 (ADA), (carry on with the unlawful practice & evasion to this present day), and still deserve and obtain the repose afforded by the statute of limitations?; and

PRISON LITIGATION REFORM ACT (PLRA)

The SECOND question presented is:

Whether the exhaustion requirement of the Prison Litigation Reform Act (PLRA) bars a lawsuit by a prisoner who has been sufficiently deterred through threats, harassment and finally physically "beaten down" and "hospitalized" on two (2) different occasions to the point that the prisoner fears for his life?

Whether a covered entity can maintain an unlawful practice of evading ADA responsibilities