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KOON v. NORTH CAROLINA

No. 21-6616.

50 F.4th 398 (2022)

Rodney A. KOON, Plaintiff-Appellant, v. State of NORTH CAROLINA; Brian K. Wells; Diane K. Browning, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: October 5, 2022.

Attorney(s) appearing for the Case

ARGUED: Danielle Rebecca Feuer , O'MELVENY & MYERS LLP, Los Angeles, California, for Appellant. Alex Ryan Williams , NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees. ON BRIEF: Samuel S. Weiss , RIGHTS BEHIND BARS, Washington, D.C.; Sabrina S. Strong , Los Angeles, California, Kendall Turner , O'MELVENY & MYERS LLP, Washington, D.C., for Appellant. Joshua H. Stein , Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees.

Affirmed by published opinion. Judge Richardson wrote the opinion, in which Judge Wilkinson joined. Judge Wynn wrote a separate opinion concurring in part and dissenting in part.

Rodney Koon is a disabled prisoner who walks with a cane, yet he was denied a handicap pass to access the first-floor library for seven months. Because of that denial, Koon was forced to climb two flights of stairs to get to the general-population library. Koon says that this exertion caused him serious pain, made his...

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