The Third Circuit ordered a lower court to accept an incarcerated man's amended Americans with Disabilities Act lawsuit against a Pennsylvania prison that he says denied him proper medical treatment when a spinal cord injury left him paralyzed in his cell.

The three-judge panel found Wednesday that Jose Montanez should be allowed to bring his pro se ADA claims against Pennsylvania and Eighth Amendment claims against specific medical staffers hired to work inside State Correctional Institution—Huntingdon who he says failed to treat his injury and lied about his medical conditions.

Legal protections for incarcerated people "do not stop at the prison gates," U.S. Circuit Judge Cheryl Ann Krause said in the opinion. "So when an inmate, whether counseled or pro se, claims that prison officials ignored his serious medical needs and failed to accommodate his disability, the courthouse doors must be open for a fair hearing."

The panel held that Pennsylvania can be held liable under Title II of the ADA requiring that state governments provide equal access to public services, including healthcare. While the state's medical contractor, Wellpath LLC, is not liable under Title II, the judges said it must face claims under a separate law, Section 504 of the federal Rehabilitation Act.

"As our sister circuits have consistently recognized and as we hold today, both their text and purpose confirm the commonwealth's obligation to ensure compliance with Title II and Section 504 even when it contracts out the operation of their programs, services, or activities to third parties," the opinion said.

Montanez filed his suit against a variety of state officials and Wellpath employees including doctors and nurses, as well as administrators in the prison and the state itself. The lawsuit alleged he was denied medical care for days despite being unable to walk and frequently urinating on himself, the opinion said.

Montanez filed the suit after he was repeatedly denied the use of a cane and other mobility devices following two major medical episodes involving a spinal injury and an injury from a subsequent rehabilitation at a different state facility.

Montanez found himself unable to walk in August 2021, and after collapsing in his cell found himself paralyzed from the chest down. He was able to call for a passing guard and was wheeled to a medical unit by a prison nurse, Melanie Wagman, the opinion said.

Wagman proceeded to call Dr. Rajinder Mahli on the phone, who instructed that Wagman return Montanez to a new cell, and that he would be treated the next day. Montanez requested to be taken to the hospital, and Wagman allegedly laughed at him and refused the request, the opinion said.

Mahli attended to Montanez the next day, requiring him to crawl across his cell to prove he was paralyzed, according to the opinion. He told the doctor he was incontinent, at which point the doctor left. Three days later, Montanez was given an MRI and discovered that he required surgery for a spinal cord injury.

Montanez was moved to a different facility for rehabilitation from his surgery, and during his recovery was again injured in a fall, this time suffering from a herniated disk in his back. An administrator at the facility, Richard Ellers, then allegedly lied to the doctors about the result of Montanez's X-rays to delay his treatment, the opinion said.

Montanez filed his pro se suit in Pennsylvania federal court in August 2022 alleging that the care he received violated the Eighth Amendment and that his subsequent denial of accommodations violated both the ADA and Rehabilitation Act.

The federal court requires incarcerated people to use a standard form for filing civil rights lawsuits, alleging individuals, dates and locations, providing plaintiffs only 12 lines to "briefly" describe their claims and allowing them to attach extra pages to the form, the panel said.

Montanez filed the petition along with three handwritten pages, and defendants all moved to toss his lawsuit, alleging his allegations were insufficient to sustain a federal civil rights lawsuit. Montanez filed an opposition brief containing 50 pages of new allegations, though a federal district court still tossed the suit, siding with the defendants, the opinion said.

The Third Circuit panel found that Montanez was unfairly denied a chance to amend his lawsuit to more fully flesh out his claims, and in its ruling reversed the lower court and required it to accept an amended complaint, but only allowing specific claims against specific defendants.

The panel said Eighth Amendment claims can continue against Wagman and Ellers, and the commonwealth of Pennsylvania is required to face ADA claims. The judges cut ADA claims against Wellpath but said the healthcare provider must continue to face claims it violated the Rehabilitation Act.

Attorneys representing Montanez and the medical defendants did not respond to a request for comment. A spokesperson for the Pennsylvania Attorney General's Office also did not respond to a request for comment.

U.S. Circuit Judges Cheryl Ann Krause, Stephanos Bibas and Thomas l. Ambro sat on the panel for the Third Circuit.

Montanez is represented by Samuel Weiss and Lilian Novak of Rights Behind Bars.

The medical defendants are represented by Samuel H. Foreman and Keanna A. Seabrooks of Weber Gallagher Simpson Stapleton Fires & Newby LLP.

The Commonwealth of Pennsylvania and its employees are represented by Jacob A. Frasch, Claudia M. Tesoro and Sean A. Kirkpatrick of the Office of Pennsylvania Attorney General.

The case is Jose Montanez v. Price et al., case number 23-2669, before the U.S. Court of Appeals for the Third Circuit.

--Editing by Haylee Pearl.