Did the Sixth Circuit Court of Appeals err by holding that Title II of the American Disabilities Act (ADA) requires a prisoner with a known disability— documented upon entry—to make a request for a reasonable accommodation in order to avoid being housed for more than 23 hours in solitary confinement?"

QUESTIONS PRESENTED 1. Did the Sixth Circuit Court of Appeals err by holding that Title II of the American Disabilities Act (“ADA”) requires a prisoner with a known disability— documented upon entry—to make a request for a reasonable accommodation in order to avoid being housed for more than 23 hours in solitary confinement? 2. Did the Appellees violate the American Disabilities Act by automatically housing a person with disabilities—whose disability requires the assistance of a mechanical device—in more than 23 hours of solitary confinement, without first performing an individual threat assessment? 3. Did the Sixth Circuit Court of Appeals err by characterizing Mr. Johnson’s appeal as only arguing reasonable accommodation under the American Disabilities Act, instead of also analyzing whether intentional discrimination occurred due to discriminating against Mr. Johnson, i.e., placing Mr. Johnson in solitary confinement, because of his disability? 4. Did the Sixth Circuit Court of Appeals err by analyzing Title II and Title III of the ADA with respect to the burden placed upon a prisoner versus that placed upon entities under each respective Title?