Mr. Nattiel, an inmate of the Florida Department of Corrections, has chronic asthma and only one eye. The Americans with Disabilities Act mandates that FDOC must evaluate Mr. Nattiel for disability services, including whether Mr. Nattiel should be exempted from pepper spray use.
Mr. Nattiel began his case pro se (on his own) under the Civil Rights Act, §1983. He named the officers and nurse responsible for his injuries. However, it is nearly impossible to name a state agency in §1983 cases. Now with the benefit of counsel, Mr. Nattiel is adding an Americans with Disabilities Act count to his complaint. The state agency, FDOC, can now be named as a defendant under the ADA.
The Florida Department of Corrections must answer to the Plaintiff directly, and cannot claim that the officers and nurses were acting on their own.
Click here to read the Complaint.
THIRD AMENDED COMPLAINT