YESKEY v. COM. OF PA. DEPT. OF CORRECTIONS

No. 96-7292.

118 F.3d 168 (1997)

Ronald R. YESKEY, Appellant, v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS; Joseph D. Lehman; Jeffrey A. Beard, Ph.D.; Jeffrey K. Ditty; Does Number 1 Through 20, Inclusive, Appellees.

United States Court of Appeals, Third Circuit.

Decided July 10, 1997.


Attorney(s) appearing for the Case

L. Abraham Smith (Argued), Greensburg, PA, for Appellant.

Thomas W. Corbett, Jr., Attorney General, R. Douglas Sherman (Argued), Deputy Attorney General, Calvin R. Koons, Senior Deputy Attorney General, John G. Knorr, III, Chief Deputy Attorney General, Office of Attorney General, Harrisburg, PA, for Appellees.

Before: BECKER and ROTH, Circuit Judges, and BARRY, District Judge.


OPINION OF THE COURT

BECKER, Circuit Judge.

Ronald R. Yeskey is a Pennsylvania prison inmate who was denied admission to the Pennsylvania Department of Correction's Motivational Boot Camp program because of a history of hypertension, despite the recommendation of the sentencing judge that he be placed therein.1 Yeskey brought suit in the district court under the Americans With Disabilities Act (ADA), 42 U.S.C. § 12101

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