Judge David Hurd
Woods, a paraplegic, has used a wheelchair since 1993. Arrested in 2009, he was transported to a precinct in a police car’s front passenger seat. During transportation to the Oneida County Correctional Facility (OCCF), Woods—placed on the floor of a van’s private compartment—needed to relieve himself into a plastic soda bottle that was given him. Despite catheterizing himself, the van’s movements caused Woods to urinate upon himself. Additionally, while at OCCF he was not provided enough sterile catheters and had to urinate in a dirty milk carton. Woods’ July 2011 civil rights lawsuit alleged equal protection and due process violations as well as breaches of the Americans with Disabilities Act (ADA) and the Rehabilitation Act. The court dismissed all claims against the City of Utica and police officer Holt, but only partly granted the county defendants summary judgment. In denying the county judgment respecting Woods’ Oct. 29, 2009, van transportation, the court—discussing Sayers v. City of New York and Barnes v. Gorman and noting testimony by correction officers Leaf, Batson and Gondeck—concluded that material issues existed whether he was denied safe, appropriate transportation by the county.