Nunes et al v. UMass Correctional Health et al

Filing 66

Judge Rya W. Zobel: ORDER entered denying 27 Motion for Preliminary Injunction (Urso, Lisa)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

CIVIL ACTION NO. 10-12013-RWZ
RICHARD NUNES
v.
UMASS CORRECTIONAL HEALTH, et al.

ORDER
September 30, 2011
ZOBEL, D.J.
Since the hearing on Plaintiff’s Motion for a Preliminary Injunction (Docket # 27),
defendants have offered a number of accommodations to enable plaintiff to obtain his
HIV medications daily at the Health Services Unit. These accommodations are deemed
by plaintiff to be inadequate to meet his needs given his seriously compromised health.
The parties have submitted several status reports detailing, on one side, plaintiff’s
ongoing difficulties and resultant inability to comply with defendants’ rules and even to
take advantage of the accommodations offered, and on the other side, defendants’
willingness to accommodate plaintiff and his, not always entirely passive, resistance.
The most recent status reports pertaining to an incident that resulted in plaintiff being
taken to the segregation unit paint very different pictures about the underlying incident.
To the extent plaintiff seeks to restore the KOP (Keep On Person) rule that
permitted inmates to keep certain medications in their cells, the motion for a
preliminary injunction is denied. Defendants operate in the context of a prison and they
are entitled to make reasonable changes in the rules even if such changes adversely

impact some inmates and even if those inmates behaved appropriately under the prior
regime. However, given the requirements of the Americans With Disabilities Act, 42
U.S.C. § 12102(2) et seq., defendants must make reasonable accommodations to
those inmates who are unable to comply with the new rules. Although clearly wanting
from plaintiff’s perspective, I cannot, on this record, say that the accommodations
offered are inadequate to provide plaintiff with the needed medications. The record is
not clear on the central issue - whether plaintiff, with the accommodation offered, is
unable to comply with the rule or unwilling to do so.
The motion for a preliminary injunction is denied.

September 30, 2011
DATE

/s/Rya W. Zobel
RYA W. ZOBEL
UNITED STATES DISTRICT JUDGE

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