The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
MARVIN ROBINSON, ) CASE NO. 1:22-cv-0961
)
Plaintiffs, )
) JUDGE DAN AARON POLSTER
v. )
)
CUYAHOGA COUNTY, OHIO, et al., ) OPINION & ORDER
)
Defendants. )
I. Introduction
On September 28, 2022, Defendant Cuyahoga County filed a partial motion to dismiss.
ECF Doc. 20. Cuyahoga County moves for dismissal of Count II of Plaintiff’s Amended
Complaint, which states a claim for violation of the Americans with Disabilities Act (“ADA”) and
§ 504 of the 1973 Rehabilitation Act (“RA”). Defendant has also moved to dismiss Plaintiff’s
demands for punitive damages and attorneys’ fees. Plaintiff filed an opposition to the motion to
dismiss on October 21, 2022. ECF Doc. 24. Plaintiff has abandoned his demand for punitive
damages against Cuyahoga County, but argues his Count II claim should not be dismissed.
Cuyahoga County filed a reply on November 4, 2023. ECF Doc. 28. After making all inferences
in favor of Plaintiff, the Court finds he has plausibly set forth enough facts to state a claim for
relief under the ADA and RA. For this reason, the Court DENIES Defendant Cuyahoga County’s
motion to dismiss Count II.
II. Background
This case involves multiple claims arising from the alleged mistreatment of Plaintiff
Marvin Robinson while he was in Cuyahoga County’s custody. Plaintiff is a twenty-seven-year-
old man with a history of mental health issues, including a diagnosis of schizophrenia. ECF Doc.
18 at ¶1. Cuyahoga County Corrections Center (“CCCC”)1 was holding Plaintiff as a pre-trial
detainee from June 14, 2021 to August 23, 2021. Id. On July 6, Plaintiff was transferred to a
secluded isolation cell inside of the CCCC’s mental health Pod.2 Id. at ¶26. On August 23, he
was transported to the Medical Intensive Care Unit at MetroHealth. Id. at ¶43-6. On September
15, he was discharged to North Coast Behavioral Healthcare (“North Coast”), and then released to
the custody of his parents on November 1, 2021.3 Id. at ¶¶45, 62,63.
While in custody, multiple medical staff visited Plaintiff. See Id. at ¶¶32-40. However,
starting on August 9, Plaintiff refused to take his medication and started exhibiting aggressive
behavior. Id. at ¶27. Plaintiff alleges that, after an inmate refuses medication twice consecutively,
CCCC’s medical staff are required to monitor and evaluate the inmate’s health. Id. Despite this
requirement, Plaintiff contends no medical staff entered his cell to conduct a routine assessment
from August 14 to August 23. Id. at ¶42. Plaintiff represents he injured his hand on August 15,
but Defendant’s staff failed to provide any medical assistance. Id. at ¶¶54-56. Thus, Plaintiff’s
injuries were left untreated for the next eight days. Id. at ¶54. Because his hand injury was not
timely treated, two of Plaintiff’s fingers became necrotic and required amputation. Id. at ¶¶ 47,
64. Also, from August 13, 2021 to August 22, 2021, Plaintiff’s isolation cell did not have any
water. Id. at ¶52.
Plaintiff stayed in the isolation cell until August 23, 2021 when Dr. Cohen assessed
Plaintiff and found he suffered from severe dehydration, significant weight loss and confusion with
lethargy. Id. at ¶43. Plaintiff was transferred to the Intensive Care Unit at MetroHealth. Id. at
¶45. There, Plaintiff refused food and water for approximately 2-3 days. Id. MetroHealth’s staff
1 Defendant Cuyahoga County is responsible for CCCC compliance with federal and state law. Id. at ¶8-10.
2 Plaintiff’s cell 3T was located in Pod 7D of the facility.
3 Plaintiff was charged for burglary and the personal bond was set at $10,000.00 with GPS monitoring.
noted Plaintiff was severely dehydrated and suffering from acute kidney failure caused by
dehydration. Id. at ¶57. Plaintiff remained at MetroHealth until September 15, 2021.
On June 6, 2021, Plaintiff filed a complaint against Cuyahoga County, MetroHealth and
other Defendants. ECF Doc. 1. Plaintiff filed an Amended Complaint on September 15, 2022, to
include claims against individual employees of Cuyahoga County and MetroHealth. ECF Doc.
18. Plaintiff has asserted nine claims against Defendants.
III. Law and Analysis
A. Standard of Review
In reviewing a motion to dismiss for failure to state a claim, a district court must accept as
true all well-pleaded allegations and draw all reasonable inferences in favor of the non-moving
party. Handy-Clay v. City of Memphis, Tenn., 695 F.3d 531, 538 (6th Cir. 2012). Under the Federal
Rules of Civil Procedure, a pleading must contain a “short and plain statement of the claim
showing the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). However, to survive a motion
to dismiss, a complaint must include “enough facts to state a claim to relief that is plausible on its
face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555-56 (2007). The plausibility standard “asks
for more than a sheer possibility that a Defendant has acted unlawfully.” Ashcroft v. Iqbal, 556
U.S. 662, 678 (2009). Complaints alleging “naked assertion[s]” devoid of “further factual
enhancement” will not survive a motion to dismiss. Twombly, 550 U.S. at 557. In addition, simply
reciting the elements of a cause of action or legal conclusions will not suffice. Iqbal, 556 U.S. at
678.
B. ADA and RA Claims
Congress enacted the Americans with Disabilities Act (“ADA”) with the noble purpose of
“providing a clear and comprehensive national mandate for the elimination of discrimination
against individuals with disabilities.” 42 U.S.C. § 12101(b)(1). Under Title II of the ADA, “no
qualified individual with a disability shall, by reason of such disability, be excluded from
participation in or be denied benefits of the services, programs, or activities of a public entity, or
be subjected to discrimination by any such entity.” 42 U.S.C. § 12132. ADA applies to both
federal and state prisons. Mingus v. Butler, 591 F.3d 474, 482 (6th Cir. 2010). The 6th Circuit
recognizes two types of claims under Title II of the ADA: (1) failure-to-accommodate claims and
(2) intentional-discrimination claims. Roell v. Hamilton County, 870 F.3d 471, 488 (6th Cir. 2017)
(citing Ability Ctr. of Greater Toledo v. City of Sandusky, 385 F.3d 901, 907 (6th Cir. 2004)). A
failure-to-accommodate claim asserts that the defendant “could have reasonably accommodated
Plaintiff’s disability but refused to do so.” McPherson v. Mich. High Sch. Athletic Ass’n, 119 F.3d
453, 460 (6th Cir. 1997) (en banc). An intentional-discrimination claim asserts that Plaintiff’s
“disabilities were actually considered by the defendant in formulating or implementing” the
harmful policies or conduct. Id.
The reasonable accommodation standards are set out forth in Title II’s implementing
regulations. Keller v. Chippewa Cty., 860 F. App’x 381, 385 (6th Cir. 2021) (citing 28 C.F.R. §
35.130(b)(7)(i)). To recover on a failure-to-accommodate claim, Plaintiff must show: (1) he is
disabled; (2) he was qualified to take part in the services, programs, or activities of the public
entity; (3) he was excluded from participation in or denied the benefits of such services, programs,
or activities; and (4) this exclusion or denial occurred by reason of his disability. 42 U.S.C. §
12132; see Ability Ctr. of Greater Toledo, 385 F.3d at 909-10. To state a prima facie case under
the Rehabilitation Act, Plaintiff must show: (1) he is disabled; (2) he was otherwise qualified; (3)
he was excluded solely by reason of his disability; and (4) the relevant program is receiving federal
financial assistance. Doe v. Salvation Army in U.S., 531 F.3d 355, 358 (6th Cir. 2008). Apart
from § 504’s limitation to denial of benefits “solely by reason” of disability and its reach of only
federally funded, as opposed to “public entities”, the reach and requirements of both statutes are
precisely the same. Harrison v. City of Cleveland, No. 1:19CV2328, 2020 U.S. Dist. LEXIS
219122, at *8 (N.D. Ohio Nov. 23, 2020) (citing S.S. v. E. Kentucky Univ., 532 F.3d 445, 452-53
(6th Cir. 2008). Thus, courts frequently analyze together claims brought under the two statutes.
Douglas v. Muzzin, No. 21-2801, 2022 U.S. App. LEXIS 21529, at *15 (6th Cir. Aug. 3, 2022).
To prove intentional disability discrimination under ADA and RA, courts apply the
McDonnell Douglas burden-shifting framework. Anderson v. City of Blue Ash, 798 F.3d 338, 356
(6th Cir. 2015) (citing McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S. Ct. 1817, 36 L.
Ed. 2d 668 (1973)). First, Plaintiff must establish that (1) he has a disability; (2) he is otherwise
qualified; and (3) he was being excluded from participation in, denied the benefits of, or subjected
to discrimination under the program because of his disability. Id. at 357. If Plaintiff makes a
prima facie showing, the defendant “must then offer a legitimate, nondiscriminatory reason for its
challenged action.” Id.
C. Analysis
Plaintiff’s Amended Complaint does not clearly identify which type of ADA claim Plaintiff
is asserting but his response suggests he is asserting a failure-to-accommodate claim for the time
he was in custody. ECF Doc. 24 at p. 7. Defendant, on the other hand, argues Plaintiff has not
sufficiently alleged an intentional discrimination claim under Title II of the ADA or the RA. ECF
Doc. 24 at pp. 2-3; ECF Doc. 28 at p. 2.
The parties do not dispute that Plaintiff is disabled under the ADA or that he was qualified
to take part in the services, programs or activities of the CCCC. He was diagnosed with
schizophrenia and was placed in CCCC’s mental health Pod. CCCC receives federal funds and is
covered by the mandate of §504 of the 1973 Rehabilitation Act. However, defendant argues that
Plaintiff has not sufficiently alleged facts that he was excluded or denied benefits, programs or
services “because of his” disability.
Defendant cites Harrison v. City of Cleveland, No. 1:19CV2328, 2020 U.S. Dist. LEXIS
219122 (N.D. Ohio, Nov. 23, 2020), as authority that the ADA and/or RA have no applicability to
the present case. Harrison, 2020 U.S. Dist. at *6-7. In Harrison, an inmate tragically took his
own life in his cell. His estate alleged the City of Cleveland and its employees had failed to
adequately screen him, document his condition, implement a suicide watch or contact appropriate
medical personnel. Id. at *9-10. The district court granted judgment on the pleadings of the
estate’s ADA and RA claims because the complaint had not alleged the inmate was denied benefits
due to his disability. But in Harrison, the City of Cleveland had not even conducted mental or
physical screenings to determine the inmate had a disability before he took his own life.
Harrison is inapposite to the facts of this case. Plaintiff’s allegation does not concern
failing to screen or document his condition. Plaintiff alleges he received a psychiatric evaluation
and was prescribed medication two days after being taken into custody. ECF Doc. 18 at ¶30.
Plaintiff was later found to be at risk of violence, uncooperative and a risk of self-harm and harm
to others. Id. at ¶32. Because Defendant was aware of Plaintiff’s mental disability, Defendant
transferred Plaintiff to the isolation cell located at the mental health Pod. Id.
Plaintiff alleges Defendant provided various medical services until he stopped taking his
medication and consequently exhibited aggressive behavior presenting a safety concern. Id. at
¶¶33-38. Defendant is correct that the ADA “does not create a remedy for medical malpractice.”
Larson v. Eppinger, No. 2:20-CV-4997, 2021 U.S. Dist. LEXIS 121212, 2021 WL 2659998, at *6
(S.D. Ohio June 29, 2021) (citing Bryant v. Madigan, 84 F.3d 246, 249 (7th Cir. 1996)). However,
this case does not involve merely “allegations of medical malpractice or disagreements about
medical treatment.” Id. (citing Furgess, 933 F.3d at 291). A denial of a disability accommodation
that involves medical judgment does not make it an unreviewable medical determination under the
ADA. Id. (citing Munoz v. California Dep’t of Corn & Rehab., 842 F. App’x 59 (9th Cir. 2021)).
According to Plaintiff, Cuyahoga County was clearly aware of his disability and provided various
medical services to him until he began exhibiting aggressive behavior.
The Court now turns to whether Plaintiff has sufficiently alleged he was excluded from
participation in or denied the benefits of any of the CCCC’s services, programs, or activities
because of his disability. Title II only requires that covered entities provide meaningful access to
their services, programs, and activities.” Keller, 860 F. App’x at 386 (quoting Ability Ctr. of
Greater Toledo v. City of Sandusky, 385 F.3d 901, 909 (6th Cir. 2004)). “Meaningful access” does
not mean that an accommodation must “be perfect or the one most strongly preferred by the
Plaintiff.” Id. at 387. The phrase services, programs, or activities encompasses virtually
everything that a public entity does. Johnson v. City of Saline, 151 F.3d 564, 569 (6th Cir. 1998)
(quoting 42 U.S.C. § 12132). Modern prisons provide inmates with recreational activities, medical
services, and educational and vocational programs, which theoretically benefit the prisoners and
any disabled prisoners could be excluded from participation. Pa. Dep’t of Corr. v. Yeskey, 524
U.S. 206, 210, 118 S. Ct. 1952, 141 L. Ed. 2d 215 (1998). Denying meaningful access to medical
care, bathroom facilities, or meals could support the required prima facie showing. See Keller at
386 (citing United States v. Georgia, 546 U.S. 151, 157, 126 S. Ct. 877, 163 L. Ed. 2d 650 (2006)).
Plaintiff’s Amended Complaint sufficiently alleges at least two instances where Plaintiff
was denied benefits of services—denial of medical treatment for his hand injury and denial of
mental health treatment. Plaintiff’s complaint alleges that CCCC discontinued services because
of “safety concerns, noncompliance with his medication, and being “highly aggressive.” Id. at
¶¶38, 41, 55. Based on the Jail Guard Logs, Defendant only provided food trays to Plaintiff during
his last week at the mental health Pod. Plaintiff’s allegations suggest that CCCC discontinued all
medical services to Plaintiff because of his mental state, until August 23rd when Plaintiff was
transported to the emergency room due to his poor health condition. ECF Doc. 18 at ¶¶43-45.
Plaintiff further asserts he received no medical attention or checkups from August 14 until
August 23, 2021. ECF Doc. 18 at ¶26. Plaintiff was specifically placed at the mental health Pod
due to mental health issues and his safety. Id. at ¶32. Defendant was aware Plaintiff had refused
his medication on August 9 and continued to do so until he was transported to the emergency room
on August 23, 2021. Id. at ¶27. Subsequently, Plaintiff started exhibiting aggressive behavior and
was labeled a safety concern. Id. at ¶38.
Defendant argues it stopped providing medical services due to Plaintiff’s behavior. But it
is not unreasonable to infer that Plaintiff’s behavior was a symptom of his mental disability. At
this early phase of litigation Plaintiff’s allegations raise an inference that his behavior could have
been caused by his untreated mental disability. Because the Court is required to make all
inferences in Plaintiff’s favor, the Court finds it plausible that CCCC denied Plaintiff meaningful
access to medical services because of his disability.
Defendant has only moved for partial dismissal of Plaintiff’s complaint. Regardless of
how the Court rules on the motion, the case will proceed forward to discovery. Some of the facts
supporting Plaintiff’s ADA and RA claims are the same facts supporting Plaintiff’s other claims.
Should Plaintiff be unable to support his ADA and RA claims with Rule 56 evidence, the Court
will reconsider Defendant’s arguments as to those claims in the context of Fed. R. Civ. P. 56.
Defendant also moved the Court to dismiss Plaintiff’s request for punitive damages and
attorney fees. Under federal law, punitive damages cannot be awarded against a political
subdivision unless expressly authorized by statute. See City of Newport v. Fact Concerts, Inc.,
453 US 247, 260-266 (1981); Lassen v. Lorain County, No. 1:13: CV 1938, 2014 WL 3511010,
*10 (N.D. Ohio Jul. 14, 2014). In his opposition, Plaintiff expressly abandoned his demand for
punitive damages against Defendant Cuyahoga County. ECF Doc. 24. at 1. Therefore,
Defendant’s request to dismiss Plaintiff’s claims for punitive damages is granted.
IV. Conclusion
For the reasons stated above, the Court finds that Plaintiff has plausibly set forth enough
facts to state a claim for relief under the ADA and RA. Accordingly, the Court DENIES
Defendant Cuyahoga County’s motion to dismiss Count II of Plaintiff Amended Complaint. The
Court finds that Plaintiff has abandoned his punitive damages claim against Defendant Cuyahoga
County.
The Status conference scheduled for December 7, 2022 at 12:00 p.m., noon is
CONFIRMED.
IT IS SO ORDERED.
Dated: November 8, 2022 s/Dan Aaron Polster
United States District Judge