Charbonneau v. Gorczyk

Johnson, J.,

¶ 16. dissenting. The logic underlying the Court’s conclusion that the Department of Corrections did not discriminate against plaintiff on the basis of a physical disability, although it indisputably denied him access to a community-based prison work camp solely because of his heart condition, recalls the old children’s adage: “I saw a man upon the stairs. I looked again, he was not there. I wish he’d go away.” There is a strangely similar disconnects the Court’s reasoning, and while the fault may lie to some extent in the inherent difficulty of enforcing a civil rights statute…