MILLER v. KING

No. 02-13348.

384 F.3d 1248 (2004)

Tracy MILLER, Plaintiff-Appellant, United States of America, Intervenor, v. Ronald KING, Defendant-Appellee, Wayne Garner, The State of Georgia, The Georgia Department of Corrections, Johnny Sikes, Defendants.

United States Court of Appeals, Eleventh Circuit.

September 14, 2004.


Attorney(s) appearing for the Case

Gordon L. Hamrick, IV (Court-Appointed), Bondurant, Mixson & Elmore, LLP, Atlanta, GA, for Miller.

David Victor Weber, Martinez, GA, David E. Lansford, Atlanta, GA, for King.

Sarah E. Harrington, Kevin Russell, U.S. Dept. of Justice, Washington, DC, for Intervenor.

Before CARNES, HULL and HILL, Circuit Judges.


HULL, Circuit Judge:

Plaintiff Tracy Miller ("Miller"), a paraplegic state prisoner, appeals the grant of summary judgment on his Eighth-Amendment claims brought under 42 U.S.C. § 1983 and his disability-discrimination claims brought under Title II of the Americans with Disabilities Act, 42 U.S.C. §§ 12131-12165 ("ADA").

After review and oral argument, we reverse as to Miller's: (1) Eighth-Amendment claims under § 1983 for monetary damages...

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