Damien Lashaun Nelson v. Minnesota Department of Corrections, et al.

Background

Damien Lashaun Nelson sued the Minnesota Department of Corrections, its Americans with Disabilities Act coordinators and committee, Amber Swanson, and Eric Hennen. He alleged that the defendants failed to provide reasonable accommodations in violation of Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. He also asserted negligence claims based on the alleged failure to provide accommodations.

Nelson alleged that he has severely impaired vision, is legally blind and color blind, and was not provided accessible telecommunications devices. He claimed that this prevented him from accessing programs and services on an equal basis with other inmates. The opinion states that Nelson is an inmate at the Minnesota Correctional Facility in Stillwater, Minnesota. A separate defendant, Centurion of Minnesota, had previously obtained dismissal of the claims against it.

Nelson moved for an emergency injunction, miscellaneous relief, and summary judgment. The defendants moved for summary judgment on Nelson’s claims. Magistrate Judge David T. Schultz recommended denying Nelson’s motions and granting the defendants’ summary-judgment motion on all claims except the Americans with Disabilities Act and Rehabilitation Act claims for injunctive relief concerning accessible telecommunications devices.

Court’s Analysis

The defendants objected to leaving the accessible-device claims unresolved. They relied on testimony from Daniel Moe, the Department of Corrections’ Associate Warden of Operations, that Nelson’s request for a phone with a talkback feature had been granted and that such phones were available in his living unit for individuals with accommodations to check out.

The court agreed with the defendants. It found that the testimony was uncontradicted and that Nelson had not identified evidence showing that he was denied access to the accessible phones. The court explained that the analysis might differ if Nelson had alleged that the phones were unavailable to him or did not provide a helpful accommodation, but the court found that he had not made those allegations.

The court stated that Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act generally require reasonable accommodations when necessary to provide meaningful access to programs or benefits. Because the court found no evidence that Nelson was denied access to the accessible phones he sought, it concluded that summary judgment for the defendants was appropriate.

Ruling

After conducting a de novo review, meaning an independent review of the relevant record, the court adopted Magistrate Judge Schultz’s report and recommendation with modification. The court denied Nelson’s motion for an emergency injunction, motion for miscellaneous relief, and motion for summary judgment.

The court granted the Minnesota Department of Corrections, its Americans with Disabilities Act coordinators and committee, Amber Swanson, and Eric Hennen’s motion for summary judgment insofar as all claims against those defendants were dismissed. The court ordered that judgment be entered accordingly.