Lance McNeal v. Gary Kott

SUTTON, Circuit Judge.

Michigan prisoner Lance McNeal has a medical condition that forces him to use the restroom as often as four times an hour. He claims that prison officials, when conducting daily prison counts, prevented him from relieving himself on several occasions, and he sued the officials under 42 U.S.C. § 1983 as a result. The officials respond that the thirty-three to forty-six minute prison counts are an everyday imperative of a safe prison, and that they offered McNeal incontinence pads after the first incident and he refused them. The district court rejected the officials’…