Bane v. Virginia Department of Corrections

MEMORANDUM OPINION

TURK, Senior District Judge.

This matter is before the Court on the Virginia Department of Correction’s (“VDOC’s”) Motion to Dismiss challenging the constitutionality of section 504 of the Rehabilitation Act, 29 U.S.C. § 794, and the motions for summary judgment filed by Defendants Hockett, Anderson, and Short pursuant to Rule 56 of the Federal Rules of Civil Procedure. In a decision dated May 22, 2002, the Court dismissed the Plaintiffs claims against the individual defendants under the Rehabilitation Act and the claims against the VDOC under the Eighth Amendment, but upheld…