United States Tenth Circuit

In a prisoner's 42 U.S.C. section 1983 action alleging that defendants- failure to provide him with a wheelchair following an injury violated his Eighth Amendment rights, summary judgment for defendants is affirmed where the Eleventh Amendment barred suit against one defendant in his official capacity, plaintiff failed to show that remaining defendants were deliberately indifferent to his serious medical needs, an ADA claim was barred, a due process claim could no longer be asserted, and there was no error in other rulings by the district court.

Appellate Information

• Decided 12/26/2006
• Published 12/27/2006

Judges

• BRISCOE, Circuit Judge., Before HENRY, BRISCOE, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs:  David E. Callahan, pro se.


• For Appellees:
  
• Jennifer L. Wright, Assistant Attorney General, State of Oklahoma, Oklahoma City, OK, for Defendant-Appellee Dennis Cotner., Don G. Pope, Don G. Pope & Associates, P.C., Norman, OK, for Defendants-Appellees Sandra Atwood, Dr. Mark Fogle, Dr. Jack Gregston, Sgt. Johnson, and Lawton Correction Facility.