Troy Lewald v. Pennsylvania Department of Corrections
CourtCourt of Appeals for the Third Circuit
Date FiledOctober 21, 2026
Docket25-2166
StatusUnpublished
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Full Opinion
U.S. COURT OF APPEALS FOR THE THIRD CIRCUIT
No. 25-2166
TROY LEWALD,
Appellant
v.
PENNSYLVANIA DEPARTMENT OF CORRECTIONS; WELLPATH HOLDINGS LLC,
“Wellpath”; KIP HALLMAN; GEORGE M. LITTLE; KERI MOORE; et al.
Appeal from U.S. District Court, E.D. Pa.
Judge Chad F. Kenney, No. 2:22-cv-04625
Before: SHWARTZ, CHUNG, and FISHER, Circuit Judges
Submitted: Oct. 2, 2026; Filed: October 21, 2026
NONPRECEDENTIAL OPINION *
CHUNG, Circuit Judge. Troy Lewald sued the Pennsylvania Department of Corrections
(“PADOC”), Wellpath LLC, and their employees, alleging claims under 42 U.S.C. § 1983,
Pennsylvania state law, the Americans with Disabilities Act (“ADA”), and the
Rehabilitation Act (“RA”). The District Court dismissed all claims against all defendants,
except for an RA claim against PADOC. PADOC later successfully moved for summary
judgment on that claim. Lewald appeals the dismissal of an ADA claim against PADOC
and the grant of summary judgment on the RA claim. We will affirm summary judgment
on the RA claim but vacate dismissal of the ADA claim and remand.
*
This is not an opinion of the full Court and, under I.O.P. 5.7, is not binding precedent.
I. BACKGROUND 1
Troy Lewald is incarcerated in facilities operated by the PADOC. He suffers from
atherosclerosis and degenerative disc disease, for which various medical restrictions were
documented in his electronic inmate file. A restriction titled “No food
service-handle/janitor” expired in October of 2020, Dist. Ct. Dkt. No. 135-2 at 142, and
“Not Medically Cleared for Food Service” expired in October of 2021, id. at 138.
Lewald transferred into SCI Phoenix in December of 2021, and prison staff assigned
him to work in Food Services. He objected to the assignment because his disability
prevented him from working a heavy-duty job and because his inmate file should have
reflected that restriction. He notified numerous officials of the issue by filing grievances
and inmate requests, raising the issue with his supervisor in Food Services, and filing
medical sick call requests to reinstate the restrictions. He even asked the superintendent of
SCI Phoenix to contact his prior prison “to confirm [his] averment(s) as perhaps that
Facility will confirm what has been (inadvertently) omitted from [PADOC’s] system.”
JA370–71.
In response, staff instructed Lewald to speak with other officials and denied his requests
for accommodations. They told him that, according to SCI Phoenix’s policy, an official
would consider his reassignment. Another official denied his grievance because Lewald
had no medical restrictions on file. A medical assistant likewise told Lewald that he had
no documented disability in PADOC’s system, that she could not treat him, and that he
1
Because we write for the parties, we recite only the facts pertinent to our decision.
2
needed to contact his prior institution to transfer his information. He reiterated his concerns
to her on February 15, 2022, and, that same day, the following work restrictions reappeared
in his file: “[n]o high risk of injury,” “[n]o intensive labor,” “[n]o lifting more than 15
pounds,” and “[n]o work at heights/elevations.” JA171.
Nothing in the record, however, reflects that Lewald or his supervisors were informed
of the restrictions. Three days later, Lewald injured his back while working in Food
Services, despite the recently entered work restrictions. His supervisor denied him
emergency medical treatment and instructed him to go back to his cell. He continued to
request help but only received it five days later when a medical official saw him. He was
subsequently released from his job in Food Services.
Lewald sued over forty defendants, asserting a variety of claims, including: (1) an
Eighth Amendment claim that medical professionals failed to respond appropriately, or
delayed providing him medical care, in the five days after his back injury; and (2) claims
that PADOC violated the RA and the ADA by failing to accommodate him and failing to
provide him with appropriate work for his physical abilities. He challenges the dismissal
of his ADA claim 2 and the grant of summary judgment to PADOC on his RA claim.
II. DISCUSSION
A. The District Court properly granted summary judgment on the RA claim
2
The District Court dismissed the ADA claim without prejudice and advised Lewald
that, absent amendment, his claim would be dismissed with prejudice in two months.
Lewald did not amend his Complaint.
3
against PADOC. 3
The RA provides that “[n]o otherwise qualified individual with a disability … shall,
solely by reason of her or his disability, be excluded from the participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity receiving
Federal financial assistance.” 29 U.S.C. § 794(a). To prevail, plaintiffs must show, among
other things, that “they were excluded from participation in or denied the benefits of the
services, programs, or activities of a public entity, or were subjected to discrimination,”
and that the plaintiff’s disability was “the sole cause of the discriminatory action.” Durham
v. Kelly, 82 F.4th 217, 225, 226 (3d Cir. 2023); see also, e.g., CG v. Pa. Dep’t of Educ.,
734 F.3d 229, 236 n.11 (3d Cir. 2013) (“[A]n alternative cause is fatal to an RA claim
because disability would no longer be the sole cause.”).
As the District Court correctly held, no reasonable jury could find that Lewald’s
disability was the sole cause of PADOC’s decision not to accommodate his requests for
work restrictions and a light-duty job. Prison staff assigned him to Food Services three
months after medical restrictions on file had expired. Lewald acknowledges that there were
no restrictions on file when he was transferred back to SCI Phoenix. Indeed, he requested
that the prison’s superintendent “confirm what has been (inadvertently) omitted from [its]
3
The District Court had subject-matter jurisdiction under 28 U.S.C. §§ 1331, 1343,
1367(a), and we have jurisdiction under 28 U.S.C. § 1291. We review the District Court’s
order granting summary judgment de novo, Jutrowski v. Township of Riverdale, 904 F.3d
280, 288 (3d Cir. 2018), and will affirm if “there is no genuine dispute as to any material
fact and the movant is entitled to judgment as a matter of law,” Fed. R. Civ. P. 56(a). A
dispute is genuine “if the evidence is such that a reasonable jury could return a verdict for
the nonmoving party.” SodexoMAGIC, LLC v. Drexel Univ., 24 F.4th 183, 203–04 (3d
Cir. 2022) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986)).
4
system.” JA371. The restrictions were then reinstated three days before his accident, but
no one communicated this to Lewald or his supervisor. These facts establish, at worst, that
PADOC was negligent when it delayed reinstating Lewald’s work restrictions and assigned
him to Food Services. That negligence is a different reason than disability, foreclosing his
RA claim.
Lewald’s arguments on sole causation fall short. There is no genuine dispute of
material fact that Lewald did receive a work-restriction accommodation. That narrows
Lewald’s RA claim to the timeframe when PADOC delayed in granting his request.
Lewald argues that this period of delay was solely caused by his disability because
“PADOC failed to accommodate [his] disability, and its failure allowed [his] disability to
be the sole reason he couldn’t safely participate in the [prison’s] work program.”
Appellant’s Br. at 18. Stated differently, Lewald argues that he needed to work a light-duty
job because of his disability and, because PADOC did not provide him that job, it follows
that PADOC must have done so solely because of his disability. As set forth above, though,
the record reflects that PADOC was negligent in reinstating the work restrictions,
foreclosing any reasonable jury from concluding that disability was the sole cause.
B. The District Court erred by dismissing the ADA claim against PADOC. 4
The District Court stated that “ADA lawsuits against state entities are barred by
sovereign immunity, except where a plaintiff successfully alleges [companion]
4
We review the dismissal of a claim under Federal Rule of Civil Procedure 12(b)(6) de
novo. Mayer v. Belichick, 605 F.3d 223, 229 (3d Cir. 2010). When doing so, “[w]e must
accept all factual allegations in the complaint as true [and] construe the complaint in the
light [most] favorable to the plaintiff.” Id.
5
constitutional violations.” 5 Lewald v. Pa. Dep’t of Corrs., No. 22-cv-04625, 2023 WL
8283173, at *6 (E.D. Pa. Nov. 30, 2023) (citing Durham, 82 F.4th at 228–29). Lewald
relied upon Count One, his Eighth Amendment claim, to satisfy this requirement, but the
District Court dismissed Count One based on its conclusion that Lewald did not plausibly
allege PADOC was deliberately indifferent to his medical needs. Id. at *3–4. Accordingly,
the District Court held that Lewald’s ADA claim was barred by sovereign immunity. Id.
at *6.
Lewald does not challenge this basis for dismissal, but contends that the District Court
erred by failing to consider his second argument against sovereign immunity barring his
ADA claim: that Title II of the ADA abrogates PADOC’s sovereign immunity under the
three-step method set forth in Tennessee v. Lane, 541 U.S. 509 (2004). PADOC answers
that we should affirm since Lewald did not plausibly allege an ADA claim for monetary
damages, eliminating any need to address sovereign immunity. PADOC further argues
that, even if Lewald stated an ADA claim, the District Court correctly decided that it has
sovereign immunity.
1. Lewald plausibly alleged an ADA claim against PADOC.
The ADA provides that “no qualified individual with a disability shall, by reason of
such disability, be excluded from participation in or be denied the benefits of the services,
programs, or activities of a public entity, or be subjected to discrimination by any such
5
The District Court dismissed Lewald’s ADA claim for injunctive relief because it no
longer presented a live controversy and thus was moot. Lewald, 2023 WL 8283173, at *6.
Lewald does not challenge the dismissal of that claim on appeal, nor does he challenge the
dismissal of the other defendants.
6
entity.” 42 U.S.C. § 12132. To state an ADA claim, a plaintiff must plausibly allege,
among other things, that he “was excluded from participation in or denied the benefits of
the services, programs, or other activities for which a public entity is responsible, or was
otherwise subjected to discrimination by a public entity [] by reason of his disability.”
Montanez v. Price, 154 F.4th 127, 146 (3d Cir. 2025). A plaintiff seeking compensatory
damages must also plead “that the discrimination was ‘intentional’ in the sense that it was
more than mere disparate impact,” id. at 148–49, and may do so by establishing officials
were deliberately indifferent to a medical need, id. at 149.
Although the District Court did not explicitly address whether Lewald stated an ADA
claim for money damages, it implicitly did so by holding that Lewald stated an RA claim.
“Except for causation, the substantive standards for determining liability under [the RA
and ADA] are identical, and the same remedies are available under both Acts.” Montanez,
154 F.4th at 146. Those standards are likewise identical “[t]o recover compensatory
damages for [an RA or ADA] violation.” See id. at 148–49. Here, the District Court found
that Lewald adequately alleged the substantive standards for determining liability to
support an RA claim for compensatory damages. Lewald, 2023 WL 8283173, at *7–8.
Thus, the District Court implicitly found that Lewald stated an ADA claim. 6 See Montanez,
154 F.4th at 146 (deliberate indifference under the RA and ADA “are identical”). We see
no error in the District Court’s conclusion, construing all facts in the Complaint as true and
6
The District Court found that Lewald plausibly alleged causation for his RA claim,
Lewald, 2023 WL 8283173, at *7–8, and the RA uses a stricter standard than the ADA, see
Durham, 82 F.4th at 226. Hence, the Complaint plausibly alleges causation under the
ADA.
7
in Lewald’s favor. The Complaint states that PADOC knew of his medical condition, of
the need to accommodate that condition, that he sought accommodation repeatedly, and
that he was denied. Id. at 149 (“Deliberate indifference … in the disability law context,
consists of (1) knowledge that the plaintiff’s federally protected right to be free from
disability discrimination was likely to be violated, and (2) ‘failure to act despite that
knowledge.’” (quoting S.H. ex rel. Durrell v. Lower Merion Sch. Dist., 729 F.3d 248, 263–
65 (3d Cir. 2013))).
2. The District Court erred by not addressing both ways that Title II of the ADA
could abrogate PADOC’s sovereign immunity.
A suit for money damages against PADOC is considered to be a suit for money damages
against the state, and such suits are generally barred by Eleventh Amendment sovereign
immunity. See Durham, 82 F.4th at 227–28. Sovereign immunity will not bar a claim,
however, when a plaintiff “plead[s] a companion constitutional claim arising from the same
facts as the ADA claim.” Id. at 228. Sovereign immunity is also not a bar when Congress
abrogates such immunity, “act[ing] pursuant to a valid grant of constitutional authority.”
Id. at 227 (citing Kimel v. Fla. Bd. of Regents, 528 U.S. 62, 73 (2000)). Whether a statute
passed by Congress abrogates sovereign immunity can be determined by “follow[ing]
[Tennessee v. Lane]’s three-step method for determining if Congress validly enacted
prophylactic legislation under § 5” of the Fourteenth Amendment. Id. at 228 (citing Lane,
541 U.S. at 522–34).
While the District Court addressed the first basis for avoiding sovereign immunity,
finding that Lewald did not plead a companion constitutional claim, the District Court did
8
not address Lewald’s argument under Lane. We are a court of review and do not address
arguments in the first instance. See Calhoun v. Yamaha Motor Corp., U.S.A., 40 F.3d 622,
644 (3d Cir. 1994). Accordingly, we will remand for further proceedings consistent with
this Opinion, which may include first examining whether the current record would support
an ADA claim or if additional discovery is needed, and then, if the claim survives summary
judgment, whether sovereign immunity has been abrogated under the Lane framework.
See In re Hechinger Inv. Co. of Del., Inc., 335 F.3d 243, 249 (3d Cir. 2003) (“[A] federal
court is not required to resolve [sovereign immunity] before adjudicating the merits of the
action.”). It is also within the District Court’s discretion to first consider the sovereign
immunity question if it so chooses. 7
*****
For the reasons stated above, we will AFFIRM the order of the District Court granting
summary judgment on the RA claim but will VACATE the order dismissing the ADA claim
and REMAND.
7
Nothing herein reflects a view on the merits of any possible summary judgment order,
further discovery, or the sovereign immunity question.
9