Opinion

Schorsch v. Kwarteng

Court
Court of Appeals for the Fifth Circuit
Filed
Nov 27, 2024
Status
Unpublished
Nature of suit
Prisoner w/ out Counsel
Cited by
0 cases
Authority
More cited than 33.2%

retaliation claim fails without evidence showing retaliatory intent

How later courts described this case

  • retaliation claim fails without evidence showing retaliatory intent
  • causation places a “significant burden” on the inmate, and claims of retaliation are regarded “with skepticism”

Written by the judges who cited it.

The opinion

Case: 24-40133 Document: 52-1 Page: 1 Date Filed: 11/27/2024

United States Court of Appeals

for the Fifth Circuit

____________ United States Court of Appeals

Fifth Circuit

FILED

No. 24-40133 November 27, 2024

Summary Calendar

____________ Lyle W. Cayce

Clerk

James Schorsch,

Plaintiff—Appellant,

versus

Isaac Kwarteng; Texas Department of Criminal Justice,

Defendants—Appellees.

______________________________

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 2:19-CV-323

______________________________

Before Barksdale, Stewart, and Ramirez, Circuit Judges.

Per Curiam:*

Proceeding pro se and in forma pauperis, James Schorsch, Texas

prisoner # 1551453, challenges the district-court bench-trial verdict in favor

of defendants-appellees. (Schorsch had appointed counsel at trial.)

Based on extensive findings of fact and conclusions of law, the court

ruled that Schorsch did not meet his burden to prove: the Texas Department

_____________________

*

This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 24-40133 Document: 52-1 Page: 2 Date Filed: 11/27/2024

No. 24-40133

of Criminal Justice (TDCJ) failed to accommodate his physical disability, in

violation of the Americans with Disabilities Act (ADA); and Dr. Isaac

Kwarteng, the medical director of the TDCJ’s McConnell Unit, retaliated

against him for filing the underlying action by removing a special housing

restriction: that Schorsch be housed with inmates having “like medical

conditions”.

“The standard of review for a bench trial is well established: findings

of fact are reviewed for clear error and legal issues are reviewed de novo.”

Lewis v. Ascension Par. Sch. Bd., 806 F.3d 344, 353 (5th Cir. 2015) (citation

omitted). “A [factual] finding is clearly erroneous if it is without substantial

evidence to support it, the court misinterpreted the effect of the evidence, or

this court is convinced that the findings are against the preponderance of

credible testimony.” Id. (citation omitted). Under this standard, our court

will uphold the district court’s findings “so long as [they are] plausible in

light of the record as a whole”. Chemtech Royalty Assocs., L.P. v. United

States, 766 F.3d 453, 460 (5th Cir. 2014) (citation omitted). For the following

reasons, including essentially for the reasons stated in the district court’s

findings and conclusions, the court did not err in ruling for defendants-

appellees.

To succeed on a failure-to-accommodate claim, Schorsch must prove

by a preponderance of the evidence that “(1) he is a qualified individual with

a disability; (2) the disability and its consequential limitations were known by

the covered entity; and (3) the entity failed to make reasonable

accommodations”. Smith v. Harris Cnty., 956 F.3d 311, 317 (5th Cir. 2020)

(citation omitted). Because Schorsch has limited mobility in his arms and

hands as the result of damage to his ulnar nerves, he contends that the special

housing restriction is a necessary, reasonable accommodation because he

would be unable to defend himself from a violent cellmate who lacked a

similar physical disability.

2

Case: 24-40133 Document: 52-1 Page: 3 Date Filed: 11/27/2024

No. 24-40133

The district court concluded that Schorsch proved the first two

elements of the failure-to-accommodate claim—that he was a qualified

individual with a disability and TDCJ knew of his disability and its

consequential limitations. Nonetheless, Schorsch’s claim failed because he

did not satisfy the third element. In other words, Schorsch did not show that

the special housing restriction providing that he be housed with inmates with

“like medical conditions” was a reasonable accommodation.

TDCJ is not required to provide an accommodation merely because

Schorsch requested it; TDCJ must only provide him with reasonable

accommodations that give “meaningful access to the benefit that the grantee

offers”. Cadena v. El Paso Cnty., 946 F.3d 717, 725 (5th Cir. 2020) (citation

omitted). Prison officials are afforded deference in determining what

amounts to a reasonable accommodation. Id. Further, the record shows

TDCJ provided several reasonable accommodations to ensure Schorsch had

meaningful access to safe and appropriate housing in the light of his physical

limitations, including, inter alia, a lower-bunk assignment and a permanent

lifting restriction.

With respect to the retaliation claim against Dr. Kwarteng, the court

ruled that Schorsch failed to meet his burden to prove causation and the

requisite retaliatory intent. E.g., DeMarco v. Davis, 914 F.3d 383, 388 (5th

Cir. 2019) (causation places a “significant burden” on the inmate, and claims

of retaliation are regarded “with skepticism”); McDonald v. Steward, 132

F.3d 225, 231 (5th Cir. 1998) (retaliation claim fails without evidence showing

retaliatory intent). Because the underlying findings of fact were plausible in

the light of the record as a whole, Schorsch has not shown the requisite error.

See Chemtech Royalty Assocs., 766 F.3d at 460.

AFFIRMED.

3

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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