United States Eleventh Circuit

Summary judgment in favor of defendants on plaintiff's Eighth Amendment and ADA claims is vacated in order to allow plaintiff to amend his complaint to specify on a claim-by-claim basis and in separate counts: 1) the specific conduct he alleges violates the Eighth Amendment; 2) to what extent the alleged conduct underlying plaintiff's constitutional claims also violates the ADA; 3) what specific conduct allegedly violates the ADA but does not violate the Eighth Amendment; 4) as to his Eighth Amendment claims under section 1983, whether the defendant warden is sued individually or in an official capacity or both; and 5) as to his ADA claims, whether the claim is brought against defendant warden in his official capacity, the defendant State of Georgia, and/or the defendant Department of Corrections.

Appellate Information

• Decided 05/17/2006
• Published 05/17/2006

Judges

• PER CURIAM:, Before CARNES, HULL and HILL, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Sarah M. Shalf (Court-Appointed), Bondurant, Mixson & Elmore, Atlanta, GA, for Miller., David Victor Weber, Augusta, GA, David E. Lansford, Atlanta, GA, for U.S., Sarah E. Harrington, Kevin Russell, U.S. Dept. of Justice-Civ. Rights, App., Washington, DC, for U.S.