arise to do different kinds of claims are the first sort of medical issues relates to he had a forklift accident before he entered the department of corrections gave him back issues and apparently also leg me issues those that give rise to his americans with here if we were to conclude that his claim is not is that this is a man who his ability to litigate really is impacted by whether he can get into the library and the fact that his access to the library scalia did not specifically say you have to lose your claim in order to be able to have an actual injury for an access to courts violation yes or you would have to be limited in they're happening in real time you can actually take note of the things that are significant to your claims you can take note of the elements so for example when he came back from surgery and was ordered several days later to go back to work when you know he was in a hard cast at the time that can't say for certain but i would suggest that there may be days when he is scheduled for the law library and he says today i just can't do it it hurts too much that's why construing has cause for his complaint liberally enforcement of the fourteenth amendment and what that tells us not only would there be an access to courts violation this case would fall within the category of cases recognized by the supreme court of access to courts but there  say they talk about and i'll bet you know services but what it says is that he was trying to get up to the church on the fourth floor and that he was not permitted to get up there if you look at his amended complaint i think that that's goes into further detail into why there was no reasonable accommodation made i think constrained that complaint literally he says you know people you know something mates have television but it's you know you have walter i think what is happening here is they are slow rolling the medical treatment which mr anderson is entitled so he falls into largely eleven immediately after he goes to huntington in august when eleven he says you know i have this i was injured my right hand arrested yes spring will actually marry showalter there is an exhibit showing that on september sixth and this is part of his bottom to restriction order she recognizes that he had way and he certainly doesn't have enough medical knowledge to know that now i would say that there's a number of medical issues where you can continue to feel pain but you don't know if that's because it's just something that and somehow it's only after he asks for the scheduling quick questions that his follow up appointments are actually scheduled after the m r i which is in february or march of two thousand and twelve it takes another seven months before  can get surgery so he was back to work he's ordered back to work two days later so for the g o c to argue that you know he knew in july twentieth eleven that he was injured the real injury here is misinterpreted to mean he could not walk up a flight of stairs from the bottom tier the bottom tier bottom bunk restriction is clearly the first who has housing situation then he would be housed on the bottom tier and  with the the kind of the situation they have in front of them also point out that he did have access to legal aides once he got up to the library and that's indicated in the attachments but isn't his his that employers or people who are here but the president have to have to if it's a reasonable accommodation now you know if he was saying you know that he wanted you know that fifty shelves of books brought to his cell that would not be everything accommodation but there would you not agree that worse few things that they could do to make this access easier by bringing things down to the first floor yes your honor i believe that that's something that is done  presently and has been in the past since this case was dismissed so i haven't done a lot of discovery so i don't know exactly what happened in his situation i know that he's still at honey ten and i also note that we have a separate it was rather dismissive of his complaints if you will i don't see anything in the grievances or or history of their grievances and their requests and a lot of them said basically you know go get a several of his grievances i'm looking at two thirty to two thirty three he asked for assistance and she said you know we deal with disability on an individual basis well that doesn't seem to be much of a response and then she says get a form i mean there's a lot of citations by the appellants to places where she seems to not have been forthright or helpful  specifically counsel of hers that she she knew he had a fracture and yet this medical treatment seemed to be horribly delayed over time without a whole lot being done and you respond to why this would not at least be a threshold not part of the department of corrections that they comply with the contract and that she follows up on requests for are outside consultations things like that she does not decide what treatment and mace receives so that was the basis for her being dismissed with for lack of personal moment he of hers that she was personally involved and responsible so would we have to wait discovery to find out a little bit more about your was for medical reasons then that takes you out of it but here there is an absence of it's not like they said well we are going to do the surgery for seven months because we need to let that we need to let it heal or something so i think the when you say for non