The following excerpt is from Tardif v. City of N.Y., 991 F.3d 394 (2nd Cir. 2021):
individual only where the individual's [disability] is unrelated to, and thus improper to consideration of, the services in question."10 729 F.2d 144, 156 (2d Cir. 1984). Moreover, in Cushing v. Moore , we held that the Rehabilitation Act "does not create a cause of action based on a [disability] that is directly related to providing the very services at issue." 970 F.2d 1103, 1109 (2d Cir. 1992) ; see also Schnauder v. Gibens , 679 F. App'x 8, 10 (2d Cir. 2017) (summary order) (rejecting the assertion by an inmate that "denial of timely and meaningful medical treatment for his [broken] nose constituted a failure to provide a reasonable accommodation ").11
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