Rianda

FACTS

For the purposes of this appeal we take the allegations in Butler’s complaint as true. They are as follows:

Earl Butler is a prisoner incarcerated at the California Sub- stance Abuse Treatment Facility and State Prison in Corcoran, California. His eyesight is impaired. At the prison, there was no Inmate Assistance Program to aid him to go to the dining hall, the law library, religious services, prison self-help activi- ties, or medical appointments. There were no Braille pro- 1616 BUTLER v. RIANDA grams and no legal technical assistant to help him. There were no railings he could use in moving to the restroom, shower room, day room, or telephone. Butler injured himself by hit- ting the water fountain on his way to the restroom. He hurt his head and back by slipping on soap in the shower. He broke a tooth walking into a wall on his way to the shower. He con- tinues to injure himself because of the lack of railings.

PROCEDURE

On August 28, 2001, Butler filed with prison authorities a form entitled “Reasonable Modification Or Accommodation Request,” noting that he was blind and needed help in per- forming all of his “everyday functions, such as getting to…