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KIMAN v. NEW HAMPSHIRE DEPT. OF CORRECTIONS

No. 05-1998.

451 F.3d 274 (2006)

Matthew KIMAN, Plaintiff, Appellant, v. NEW HAMPSHIRE DEPARTMENT OF CORRECTIONS; Michael Cunningham, Individually and Officially as Warden, New Hampshire State Prison; Bernadette Campbell, Individually and Officially as a Physical Therapist; Michael Capano, Individually and Officially as Corrections Officer; Brian Gauthier, Individually and Officially as a Corrections Officer; John Haney, Individually and Officially as a Corrections Officer; Michael Corrira, Individually and Officially as a Corrections Officer; David Southard, Individually and Officially as RNC; Michael Kenney, Individually and Officially as a Corrections Officer; Brian Dunham, Individually and Officially as a Corrections Officer; Michael Poulicakos, Individually and Officially as a Corrections Officer; Roger Dugre, Individually and Officially as a Corrections Officer; Janette Hoffstede, Individually and Officially as a Nurse Practioner; Charles Ward, Individually and Officially as the Prison Physician, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 28, 2006.

Attorney(s) appearing for the Case

Nancy S. Tierney, for the appellant.

Mary E. Malony, Attorney, New Hampshire Dept. of Justice, with whom Kelly A. Ayotte, New Hampshire Attorney General, was on brief for the appellees.

Before SELYA, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LIPEZ, Circuit Judge.

Appellant Matthew Kiman, formerly incarcerated at the New Hampshire State Prison, appeals the district court's grant of summary judgment in favor of the New Hampshire Department of Corrections and numerous individuals sued in their individual and official capacities. Kiman, who has amyotrophic lateral sclerosis ("ALS" or "Lou Gehrig's Disease"),1 argues that the defendants violated Title II of the Americans with Disabilities...

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