Mr. Rote claims that WCI has engaged in violations under Titles I, II, and III of the ADA raising concerns about the confiscation of his hearing aids and access to the TTY. He claims that his hearing aids were confiscated by Janice Gilmore and that he was told that the aids were beyond the time limit. He also contends that Case Manager Yates purportedly refused to help him gain use of the TTY equipment, claiming that Dr. Ross Cussion ordered him to use it. Additionally, he alleges that social …show more content…
In the first assault, Mr. Rote claims that Correctional Officer Brickman ripped up his medical papers and Sgt. Kevin Toothacker failed to intervene. See Document 1, at pages 11, Document 1-1, at page 1. He then claims Officer Brickman pushed him out the door causing him to flip out of his wheelchair into the ice and snow injuring him. He contends this incident occurred on Christmas Eve and that he sustained 2 hernias in his stomach. After the incident, Mr. Rote states that he filed an ARP, which was dismissed, and that he was subsequently hit punched, kicked and harassed by unidentified persons for filing the ARP. He also notes that notes that J. Phillip Morgan was Warden at the time of the …show more content…
He suggests that he was treated in a disparate manner claiming that two weeks later Case Manager Bennett gave a new guy a job without waiting the requisite period. With respect to the assault, Mr. Rote states that he “wrote it up” and Case Manager Bennett called him behind door 6 and he was then brutally jumped by Case Managers Yates and Bennett, who had a copy of his complaint.
Raising harassment and retaliation claims, Mr. Rote alleges that mental health and medical staff, along with correctional officers, C.O. Scarppi, Sgt. Femi, C.O. Davis, C.O. R.C. King, working in the medical department, harassed and retaliated against him. He also complains about the medical care he received being inadequate and notes that his food tray was often waded down with dirty dish water. Document 1. Mr. Rote also alleges that he has a food allergy to peanut butter and is being provided insufficient food substitutes. Document 1-1, at page