Alvernest Kennedy v. Waukesha County Jail Administrator Vaughn et al.

Summary

The United States District Court for the Eastern District of Wisconsin screened Alvernest Kennedy’s amended 42 U.S.C. § 1983 complaint concerning alleged failures to accommodate his hearing impairment while detained at the Waukesha County Jail. The court allowed ADA and Rehabilitation Act claims to proceed against the Waukesha County Jail, Wellpath Medical Services, and the Wisconsin Department of Corrections, while terminating the individual defendants and rejecting the proposed Monell claim. The court ordered service and responsive pleadings.

Holdings

1. The amended complaint plausibly stated ADA and Rehabilitation Act claims against the Waukesha County Jail, Wellpath Medical Services, and the Wisconsin Department of Corrections based on allegations that they refused to accommodate Kennedy's hearing impairment.
2. Individual employees of the Waukesha County Jail, Wellpath, and the Wisconsin Department of Corrections Division of Community Custody could not be sued under the ADA or Rehabilitation Act; the proper defendants were the relevant departments, agencies, or entities.
3. Kennedy failed to state a Monell claim because he alleged ADA and Rehabilitation Act violations but did not allege an underlying constitutional violation.

Questions Presented

1. Whether the amended complaint plausibly alleged that the Waukesha County Jail, Wellpath Medical Services, and the Wisconsin Department of Corrections denied Kennedy access to services or programs because of his hearing disability in violation of Title II of the ADA and Section 504 of the Rehabilitation Act.
2. Whether individual jail, medical, and Wisconsin Department of Corrections employees could be sued under the ADA or Rehabilitation Act.
3. Whether Kennedy stated a Monell claim against Waukesha County or Wellpath based solely on alleged ADA and Rehabilitation Act violations.

Disposition

other