Snell v. Neville

Related Cases

              United States Court of Appeals
                           For the First Circuit
    
    
    No. 19-2018
    
                                EMORY SNELL,
    
                            Plaintiff, Appellant,
    
                                     v.
    
       THOMAS NEVILLE, PATRICIA RUZE, MASSACHUSETTS DEPARTMENT OF
       CORRECTION, CAROL MICI, STEPHANIE COLLINS, LOIS RUSSO, DALE
       BISSONNETTE, DOUGLAS DEMOURA, JEFFREY J. QUICK, MONSERRATE
                        QUINONES, and JOANN LYNDS,
    
                           Defendants, Appellees,
    
     THOMAS DICKHAUT, Superintendent, THOMAS A. GROBLEWSKI, GREG A.
       POLADIAN, THERESA SMITH, ROBERT CONLEY, CLESELY M. GARCIA,
     PHILIP H. KONG, KEVIN ANAHORY, GENE CHAISSION, JOHN A. BELAIR,
                THOMAS DEMOURA, JANE ROE, and JOHN DOE,
    
                                 Defendants.
    
    
              APPEAL FROM THE UNITED STATES DISTRICT COURT
                   FOR THE DISTRICT OF MASSACHUSETTS
    
                  [Hon. Denise Casper, U.S. District Judge]
    
    
                                   Before
    
                   Thompson and Kayatta, Circuit Judges.*
    
    
    
    
        *Judge  Torruella heard oral argument in this matter and
    participated in the semble, but he did not participate in the
    issuance of the panel's opinion.     The remaining two panelists
    therefore issued the opinion pursuant to 28 U.S.C. § 46(d).
         Lucas I. Silva, with whom Sommer Wiss, Andrew C. Yost, and
    Foley Lardner LLP were on brief, for appellant.
    
         Mary Eiro-Bartevyan, Department of Correction Legal Division,
    Nancy Ankers White, Special Assistant Attorney General for
    appellees Thomas Neville, Massachusetts Department of Correction,
    Carol Mici, Stephanie Collins, Lois Russo, Dale Bissonnette,
    Douglas Demoura, Jeffrey Quick, Monserrate Quinones, and Joann
    Lynds.
    
         George J. Puddister IV, with whom Victor J. Koufman and Koufam
    & Frederick, LLP were on brief, for appellee Patricia Ruze.
    
    
                               May 25, 2021
                THOMPSON, Circuit Judge.        Americans are reputedly a
    
    litigious bunch, and Emory Snell, an inmate at MCI-Concord in
    
    Massachusetts, has greatly aided in keeping the federal and state
    
    judiciaries busy.      In this lawsuit, one of at least 170 he has
    
    filed    challenging   his   conviction   and   his   prison   conditions,
    
    Snell's legal focus is on a first-floor Lexis Nexis terminal and
    
    typewriter    (collectively    "the   first-floor     Terminal"   or   "the
    
    Terminal") where he spent two plus years conducting legal research
    
    and cranking out legal documents.1        Regrettably for Snell, prison
    
    officials nixed his habit upon learning he was using the resources
    
    without a diagnosed disability preventing him from climbing stairs
    
    to the second-floor law library.      Not appreciating this purported
    
    lack of accommodation, Snell sued various prison officials as well
    
    as the Massachusetts Department of Correction (collectively, "DOC
    
    defendants"), and his prison physician, Dr. Patricia Ruze, for
    
    injunctive and declaratory relief and damages.          Finding no merit
    
    to Snell's complaint, the district court granted summary judgment
    
    to all defendants.     See Snell v. Mici, No. 16-cv-11643-DJC, 2019
    
    
    
    
         1  A Lexis Nexis terminal is a computer that allows users to
    access only the Lexis Nexis legal research services without getting
    into other parts of the internet.
    
    
                                      - 3 -
    WL 4303264 (D. Mass. Sept. 11, 2019).         Snell appeals part of that
    
    order alleging several claims of error.2       Espying none, we affirm.3
    
                                  Background
    
               In order to understand the legal issues addressed in our
    
    decision, we find it necessary to provide the reader with a
    
    detailed   background   of   events   which    triggered   this   appeal.
    
    Therefore, we ask the reader's patience as we soldier through the
    
    facts.
    
    
    
    
         2 Because Snell does not challenge the district court's grant
    of summary judgment for his other claims raised below, he has
    waived his right to appeal those counts, and we will not consider
    them. See Bekele v. Lyft, Inc., 918 F.3d 181, 186-87 (1st Cir.
    2019).
         3  Defendants raise a number of arguments about why we should
    affirm summary judgment, including qualified immunity, Snell's
    failure to plead sufficient facts proving the personal involvement
    of all defendants, and Snell's failure to exhaust his
    administrative remedies. Because we affirm summary judgment on
    other substantive grounds, we need not reach those arguments. See
    F.D.I.C. v. LeBlanc, 85 F.3d 815, 820 (1st Cir. 1996) (noting that
    we may affirm summary judgment on any independently sufficient
    ground); see also Mihos v. Swift, 358 F.3d 91, 98-99 (1st Cir.
    2004) (assuming qualified immunity is inapplicable does not equate
    to a victory for the plaintiff). Also, because we affirm summary
    judgment on all counts, we need not differentiate between the
    defendants' individual and official capacities insofar as those
    distinctions would otherwise matter for the analyses that follow.
    See, e.g., Parker v. Landry, 935 F.3d 9, 14 & n.3 (1st Cir. 2019)
    (claims pursuant to 42 U.S.C. § 1983 cannot apply to state entities
    or state employees in their official capacities); Bartolomeo v.
    Plymouth Cnty. House of Corr., 229 F.3d 1133, *1 (1st Cir. 2000)
    (per curiam) (assuming without deciding that individuals may be
    subject to personal liability under Title II of the ADA and Section
    504 of the Rehabilitation Act).
    
    
                                     - 4 -
              When a party appeals from a district court's grant of
    
    summary judgment, we describe the facts in the light most favorable
    
    to the non-moving party (here, Snell), so far, at least, as a
    
    reasonable review of the record obliges.   See Nunes v. Mass. Dept.
    
    of Corr., 766 F.3d 136, 138 (1st Cir. 2014); see also Santiago–
    
    Ramos v. Autoridad de Energía Eléctrica de Puerto Rico, AEE, 834
    
    F.3d 103, 105 (1st Cir. 2016) (quoting Chaloult v. Interstate
    
    Brands Corp., 540 F.3d 64, 66 (1st Cir. 2008) ("drawing all
    
    inferences in" the non-movant's favor)).
    
     The Accommodation Process and Two-Tiered Library at MCI-Concord
    
              After a jury convicted Snell of the first-degree murder
    
    of his wife in 1995, he began serving a life without parole
    
    sentence in the Massachusetts prison system, eventually landing at
    
    the facility known as MCI-Concord in 2010.     See Commonwealth v.
    
    Snell, 705 N.E.2d 236, 238-39 (Mass. 1999).    Snell arrived there
    
    in less than stellar health.   Amongst other ailments, he suffered
    
    knee and back pain, and had degenerative joint disease which
    
    limited his body's range of motion.4   A walking cane facilitated
    
    his mobility.   In consequence, upon his confinement, he began to
    
    seek ways to better manage and endure his terms of incarceration.
    
    Therefore, before delving into the details of Snell's particular
    
    
    
         4  Degenerative joint disease, also known as osteoarthritis,
    is the deterioration of the skeleton's cartilage or bony
    structures.
    
    
                                   - 5 -
    claims, some background on MCI-Concord's protocols for servicing
    
    prisoners with physical disabilities is in order.
    
               During     the    time    period    relevant    to    this   appeal,
    
    incarcerated persons like Snell had a couple of avenues to attain
    
    relief.    First, inmates could seek reasonable accommodations from
    
    prison officials if they had physical or mental health disabilities
    
    which prevented them from engaging in the standard routines of
    
    prison life, such as a prison education or technical training
    
    program.     See    103     DOC   620,    https://www.mass.gov/doc/doc-620-
    
    special-health-care-practices/download;              103        DOC     408.07,
    
    https://www.mass.gov/doc/doc-408-reasonable-accommodations-for-
    
    inmates/download.5        For example, an individual with hearing loss
    
    could request a hearing aid or a person with walking difficulties
    
    could request a wheelchair.              An inmate did not need to have a
    
    medically documented disability to apply for such a reasonable
    
    accommodation.      See 103 DOC 620.
    
               Second, inmates could also seek a "medical restriction"
    
    from a medical professional.         For instance, if a prison physician
    
    advised an inmate not to climb stairs because such movement would
    
    be harmful to the person's health, the inmate would have a "no-
    
    stairs" medical restriction.         A medical restriction traditionally
    
    
         5  During the period in which the defendants allegedly harmed
    Snell, a different version of the regulations was in effect, see
    103 DOC 207.04, but they are functionally equivalent for the
    purposes of our analyses.
    
    
                                         - 6 -
    lasted for a maximum of one year, after which a physician would
    
    have to renew it.         But prison officials did accord indefinite
    
    restrictions in some instances for individuals diagnosed with
    
    long-term disabilities.       A medical restriction, though, did not
    
    automatically translate into an accommodation.
    
              MCI-Concord followed prison regulations promulgated by
    
    the Department of Correction when deciding whether to grant a
    
    reasonable accommodation to an inmate, and Snell does not contend
    
    MCI-Concord ignored them.          Inmates could request accommodations
    
    by:   (1) asking any DOC staff member; (2) filling out a written
    
    accommodation    request;     or    (3)    asking     medical    staff    for   a
    
    restriction   that    the   DOC    defendants       could   translate    into   an
    
    accommodation.     See 103 DOC 408.07(8).          One of the DOC defendants,
    
    the facility's American with Disabilities Act ("ADA")6 coordinator,
    
    reviewed such requests, filed written proof of the accommodation
    
    (if granted), and provided written proof of the accommodation
    
    directly to the requesting inmate.               The regulations required the
    
    DOC   defendants     to   "[e]nsure       that     appropriate   documentation
    
    
    
    
          6 The ADA protects individuals from facing discrimination
    based on any disability. Cleveland v. Policy Management Systems
    Corp., 526 U.S. 795, 801 (1999) ("The ADA seeks to eliminate
    unwarranted discrimination against disabled individuals in order
    . . . to guarantee those individuals equal opportunity . . . ..").
    We will provide more details about the law's specific protections
    as we get into the analyses.
    
    
                                         - 7 -
    concerning an inmate's reasonable accommodation(s) is maintained"
    
    in their records.      103 DOC 408.05.
    
                  For requests related to medical needs, such as not
    
    climbing stairs, the ADA coordinator almost always consulted with
    
    medical staff before providing or denying the accommodation in
    
    writing. While the DOC defendants ordinarily deferred to a medical
    
    professional's judgment about what inmates needed, there were
    
    limits built into the regulations. Before implementing a requested
    
    accommodation,      the   DOC   defendants,       ever    mindful    of   their
    
    overarching responsibility to maintain order and security within
    
    the       prison   confines,    weighed        risks     including    ensuring
    
    accommodations      did   not   appear    to    give     unfair   preferential
    
    treatment to any particular inmate.            See 103 DOC 408.07(8).
    
                  The accommodation process mattered to Snell because of
    
    the prison layout.        MCI-Concord has two libraries: the general
    
    library on the first floor, and, as mentioned, the law library on
    
    the second floor.     The latter housed several Lexis Nexis terminals
    
    and typewriters for inmate use.          The general library on the first
    
    floor also had the Terminal (which, recall, includes a typewriter),
    
    but DOC defendants installed that station as an accommodation for
    
    inmates with documented medical restrictions which hampered their
    
    ability to reach the second floor.7              With few exceptions, even
    
    
          7 MCI-Concord did not have an elevator that could reach the
    second-floor law library.
    
    
                                       - 8 -
    inmates    with    medical    restrictions    other    than     a   no-stairs
    
    restriction did not have (or should not have had) an accommodation
    
    to access the Terminal according to prison rules.8                  By prison
    
    formality, the librarian (who oversaw both the first floor and
    
    second-floor libraries) was charged with verifying an inmate's
    
    documented accommodation before permitting use of the Terminal.
    
    Without the appropriate accommodation, according to prison rules,
    
    the inmate should not have been allowed use of the Terminal.
    
                      An Inmate's Litigious Medical History
    
               Soon after arriving at MCI-Concord, Snell's persistent
    
    health problems caused him to complain about having to climb stairs
    
    to get to various areas within the prison, including the law
    
    library.   He sought (but did not get) a reasonable accommodation
    
    from prison officials to use the first-floor Terminal.9             The denial
    
    baffled Snell because when he was housed at a prior facility, he
    
    had been given an indefinite medical restriction for bottom tier
    
    housing (meaning he could reside in rooms on the first floor).
    
    The   authorizing    doctor   reasoned     Snell   needed   a   bottom   tier
    
    
    
          8 For example, inmates could receive an accommodation to use
    the first-floor Terminal if they could not be in crowded spaces
    due to medical conditions like Post-Traumatic Stress Disorder.
          9 Notwithstanding his request, Snell, in fact, worked in the
    second-floor law library as a clerk for almost a year, from October
    12, 2011, until October 2, 2012, during which time he successfully
    used the steps.     A disciplinary infraction, unrelated to any
    appellate gripes, caused Snell to lose this position.
    
    
                                       - 9 -
    allowance because of his trouble negotiating stairs.        From Snell's
    
    vantage, an indefinite bottom tier restriction and a no-stairs
    
    restriction were the same.      However, DOC defendants clarified (in
    
    a deposition for this suit) that even prisoners with bottom tier
    
    restrictions ordinarily had to scale stairs; only prisoners with
    
    specific no-stairs restrictions could avoid the climb.
    
              Of   import   here,    Snell    maintains   DOC   defendants,
    
    specifically MCI-Concord's ADA coordinator, did in fact grant him
    
    a reasonable accommodation to use the first-floor Terminal at some
    
    point prior to July 2013 because of his problems climbing stairs.
    
    However, Snell has never produced any documentation to verify that
    
    he ever had such an accommodation.10      The DOC defendants say that's
    
    because in the timeframe pertinent to this litigation, he didn't.
    
              Stair mobility issues aside, Snell had other troubles.
    
    Various maladies, aches, and pains brought Snell to Dr. Ruze, his
    
    prison physician, up to fifteen times a year.         By her thinking,
    
    Snell had obesity, a condition which she deemed a primary cause of
    
    his degenerative joint disease and likely a contributor to his
    
    hypertension and respiratory problems including sleep apnea.         In
    
    Dr. Ruze's medical opinion, one with which Snell emphatically
    
    
         10  Snell alleges that he could not easily sort through his
    140+ boxes of legal materials (apparently, the boxes were changed,
    or their labels were destroyed). Snell nowhere contends, however,
    that the DOC defendants mishandled their own records, lost the
    accommodation form, failed to produce it in discovery, or that he
    even had such a form.
    
    
                                     - 10 -
    disagreed,     Snell's    degenerative        joint     disease   did     not
    
    substantially   limit    his   ability   to    stand,    to   ambulate,   or,
    
    importantly here, to climb stairs.11          She even opined that stair
    
    climbing would strengthen Snell's knees, aid him in weight loss,
    
    and improve some of his other ailments.
    
              No matter the disagreement over stair ambulation, Dr.
    
    Ruze and other medical personnel at MCI-Concord did not ignore
    
    Snell's medical needs; far from it.           From 2010 to 2017, Snell,
    
    among other medical treatments, had x-rays of his knees and was
    
    referred to specialists for his orthopedic problems.              By way of
    
    medical aids, prison medical personnel provided Snell with knee
    
    sleeves, anti-embolism stockings, back braces, medication for leg
    
    swelling, and the aforementioned cane. He was also afforded bottom
    
    bunk, in addition to bottom tier, restrictions, and given light
    
    work status.    Despite all of the medical attention Snell received
    
    in those seven years, no medical or correctional personnel ever
    
    deemed a no-stairs restriction appropriate.
    
              It was only in late 2018, about one year after Dr. Ruze
    
    had departed her MCI-Concord prison job, that a doctor provided
    
    
    
         11  Dr. Ruze stuck to this belief. In 2014, Snell requested
    an elevator restriction that would permit him to take the elevator
    rather than the stairs to a second-floor meeting for veterans (in
    an area unconnected to the second-floor library site). Dr. Ruze
    denied the request, telling Snell that he could negotiate one or
    two flights of stairs on a weekly basis if he wanted to attend the
    meeting.
    
    
                                     - 11 -
    Snell with his long-sought no-stairs restriction.     Dr. Churchville
    
    -- Dr. Ruze's replacement -- examined Snell twice in early October,
    
    and found him, at that time, walking slowly with visibly deformed
    
    knees, relying on his cane for support.     Reporting eight-out-of-
    
    ten knee pain on November 7, 2018, Snell again requested a no-
    
    stairs restriction.    On November 8, 2018, Dr. Churchville acceded,
    
    reasoning that Snell "was having more pain in his knee, [and] that
    
    stair climbing would aggravate that" pain.     That same day prison
    
    officials transferred Snell to MCI-Shirley, a medium-security and
    
    accessible facility where he could readily get to the law library
    
    and more easily avail himself of other prison programs.        Snell
    
    remained there as of oral argument.
    
                     Inching His Way to This Litigation
    
                We backtrack further to explain how Snell got to our
    
    court.    From July 2013 to October 2015, Snell used the first-floor
    
    Terminal near daily despite not having a no-stairs restriction or
    
    documented proof of an appropriate accommodation.        Apparently,
    
    Snell told the librarian, who started working at MCI-Concord in
    
    September 2013,12 that he had an indefinite lower tier or no-stairs
    
    restriction.    It seems the librarian never checked the story out.
    
    Additionally, since virtually no other inmates used the Terminal
    
    
         12  The record does not make clear who oversaw the library
    before September 2013, but the librarian key to this dispute worked
    at MCI-Concord at least through February 2019 when his deposition
    was taken.
    
    
                                    - 12 -
    and because Snell was on it so frequently, the librarian assumed
    
    Snell     must   have   had   an   appropriate    medical   accommodation
    
    permitting him to conduct legal research on the first floor.          At
    
    his deposition, Snell said he stopped using the second-floor law
    
    library most likely because of the pain in his knees from "having
    
    to climb up and down the stairs."       For over two years no one ever
    
    challenged his presence at the first-floor Terminal, and, as
    
    mentioned earlier, Snell believed the DOC defendants had granted
    
    him permission to use it because of his ambulatory challenges.
    
                In August 2015, the prison librarian went on vacation.
    
    While he was away, the Lexis terminals throughout the facility
    
    temporarily shuttered.        Also, with the librarian gone, Snell
    
    claimed he could not get to the typewriter (the librarian was the
    
    one who provided it to inmates).            Claiming he had no access to
    
    needed legal resources, Snell filed a grievance with DOC defendants
    
    (citing his disability).       A prison official (not one of the DOC
    
    defendants) promptly resolved Snell's grievance but we'll provide
    
    more details on how it got addressed later.
    
                Then, on October 9, 2015, Snell, apparently disturbed by
    
    some new issue concerning the amount of time he was being allowed
    
    to spend at the Terminal, submitted a new grievance seeking
    
    restoration of meaningful access to research time.13         In it, Snell
    
    
         13  Inmates could request additional time to use library
    resources, but Snell's grievance complained of a "wholesale"
    
    
                                       - 13 -
    describes his physical disabilities, including his "difficulty in
    
    climbing stairs," and the accommodations he claims were granted
    
    him, including permission to use the first-floor Terminal because
    
    of them.     The new time constraint he says was an arbitrary
    
    limitation which interfered with his "constitutionally mandated
    
    adequate, effective and meaningful court access," and amounted to
    
    a revocation of a reasonable accommodation previously afforded him
    
    by the DOC defendants.
    
                Ten   days   later,    the   DOC     defendants     denied      Snell's
    
    grievance regarding extra time, but they also noted that they were
    
    "unaware of an ADA [accommodation] granted to [Snell]," as Snell
    
    had   described   it,    and    added   they    "would   be    happy   to    review
    
    [Snell's]    situation     if     [Snell]      can   provide     the   necessary
    
    documentation" to use the first-floor Terminal.                Snell apparently
    
    did not.    On October 29, 2015, the DOC defendants formally ended
    
    Snell's access to the Terminal.           Thereafter, they denied Snell's
    
    string of grievances and appeals through the end of 2015 and into
    
    2016.
    
    
    
    
    denial of "added legal / meaningful court access" because MCI-
    Concord's policy apparently differed from other medium-security
    facilities, which, according to Snell, offered more legal research
    time to inmates. There is nothing in the record, other than this
    October 9, 2015 grievance, reflecting any attempt by Snell to
    request additional research time, and his briefs do not discuss
    the matter beyond this specific grievance.
    
    
                                        - 14 -
          Traipsing Away from the Prison Administrative Process
    
              With       his    access      to    the     Terminal    blocked     by
    
    administrative       determinations,         Snell     turned    outward     for
    
    assistance.       On June 22, 2016, Prison Legal Services, a not-for-
    
    profit Massachusetts organization, got involved, sending the DOC
    
    defendants    a    letter   demanding    they   resume    Snell's   reasonable
    
    accommodation (the Terminal) given his disability and what they
    
    believed to be an indefinite no-stairs medical restriction from
    
    1998. The DOC defendants promptly replied, reiterating the absence
    
    of such a restriction or the presence of any other indicator in
    
    Snell's medical record warranting such an accommodation.                    They
    
    further expressed they had consulted with Dr. Ruze who reported
    
    Snell should not have difficulty navigating stairs, especially
    
    with the use of a cane.
    
              Also on June 23, Dr. Ruze entered in Snell's medical
    
    file what she characterized as an "administration note" to update
    
    and to renew Snell's expiring medical restrictions (e.g., bottom
    
    tier, bottom bunk, light work status).               She did this even though
    
    she did not examine him on that day.                  In her note, Dr. Ruze
    
    observed, based on her many interactions with Snell, that he was
    
    "ambulating well with a cane, could negotiate stairs, needs to
    
    move slowly, and has good balance."             Again, she withheld the no-
    
    stairs restriction.
    
    
    
    
                                         - 15 -
              On August 9, 2016, Snell filed a pro se complaint
    
    challenging, at its core, the termination of his access to the
    
    first-floor Terminal. The complaint was later amended after court-
    
    appointed counsel entered the scene.14   Eventually, all defendants
    
    moved for summary judgment and, after taking the matter under
    
    advisement, the district court ruled in favor of the defendants.
    
    Snell timely appealed and here we are.
    
                                Discussion
    
              To repeat, Snell's legal fight clearly centers around
    
    his loss of access to the first-floor Terminal, and he advances
    
    several arguments here as to why the district court erred by
    
    granting summary judgment to the defendants. First, Snell contends
    
    that contrary to the district court's preliminary determination,
    
    his appeals for injunctive and declaratory relief are not moot.
    
    Second, Snell argues the DOC defendants and Dr. Ruze retaliated
    
    against him in violation of Title V of the ADA (42 U.S.C. § 12203)
    
    essentially because of his proclivity for filing lawsuits and
    
    grievances.   Third, Snell alleges that precluding him from using
    
    
         14 The seven-count amended complaint alleged violation of the
    Eighth Amendment (Count I); violation of the Fourteenth Amendment
    (Count II); violation of the Fifth Amendment (Count III); violation
    of art. 114 of the Massachusetts Declaration of Rights (Count IV);
    violation of the ADA's anti-retaliation provision, 42 U.S.C.
    § 12203 (Count VI); and two claims solely against the DOC
    defendants for violations of Title II of the ADA, 42 U.S.C.
    §§ 12132, 12203, and Rehabilitation Act, 29 U.S.C § 794 (Counts V
    and VII). As noted earlier, Snell only challenges the grant of
    summary judgment on some claims.
    
    
                                  - 16 -
    the Terminal was cruel and unusual punishment in violation of the
    
    Eighth Amendment because the defendants, knowing stair climbing
    
    aggravated Snell's maladies, made him do it anyway if he wished to
    
    exercise his right to use the law library.      Fourth, Snell claims
    
    the DOC defendants discriminated against him on account of his
    
    disability by withholding a reasonable accommodation in violation
    
    of Title II of the ADA (42 U.S.C. § 12132), the Rehabilitation Act
    
    of 1973 (29 U.S.C. § 794), and art. 114 of the Massachusetts
    
    Declaration of Rights (he does not appeal summary judgment against
    
    Dr. Ruze on this count).
    
              The DOC defendants say the district court got it just
    
    right and appropriately denied Snell the relief he sought.           They
    
    argue here, as they did below, that they never discriminated or
    
    retaliated against Snell -- anything but. Rather, they "reasonably
    
    relied upon the [then extant] clinical judgment of Dr. Ruze" and
    
    others in determining Snell could make his way to the second-floor
    
    law library.    Dr. Ruze, for her part, says she provided medically
    
    adequate care, was never indifferent to Snell's needs, and never
    
    retaliated against him.     We will first take up Snell's mootness
    
    claims before addressing each of Snell's remaining challenges.
    
          A. Whether Snell's Appeals Matter Anymore (Mootness)
    
              Delays within the legal system sometimes result in the
    
    resolution of a plaintiff's injuries without courts having to be
    
    significantly   involved.    In   such   circumstances,   we   say   the
    
    
                                   - 17 -
    plaintiff's arguments are moot.        See Campbell-Ewald Co. v. Gomez,
    
    577 U.S. 153, 160-61 (2016); Murphy v. Hunt, 455 U.S. 478, 481
    
    (1982) (appeal becomes moot "when the issues presented are no
    
    longer 'live' or the parties lack a legally cognizable interest in
    
    the outcome.") (citation omitted).           The district court concluded
    
    that Snell's transfer to the MCI-Shirley facility mooted his claims
    
    for injunctive and declaratory relief because Snell no longer
    
    needed    a    reasonable   accommodation     to    access   legal   research
    
    materials and the defendants no longer required him to climb
    
    stairs.       Snell thinks the district court erred because the harms
    
    he suffered while at MCI-Concord could happen again in the future,
    
    causing him once again to be transferred to another non-accessible
    
    prison where, without a current no-stairs restriction, he will be
    
    forced to climb stairs.
    
                  Because   mootness   touches   upon    jurisdictional    issues
    
    (i.e., whether we can even hear the merits), we address it before
    
    his substantive claims, see Manguriu v. Lynch, 794 F.3d 119, 121
    
    (1st Cir. 2015), and we review the district court's decision upon
    
    a clean slate, see Méndez-Soto v. Rodríguez, 448 F.3d 12, 14-15
    
    (1st Cir. 2006).
    
                  An inmate generally loses the right to challenge "prison
    
    conditions or policies" at a particular facility when he transfers
    
    or leaves that prison because his complaints would no longer have
    
    any substantial impact on his life.          Ford v. Bender, 768 F.3d 15,
    
    
                                       - 18 -
    29 (1st Cir. 2014) (citing Incumaa v. Ozmint, 507 F.3d 281, 286-
    
    87 (4th Cir. 2007) ("[C]ourts, including our own, have held that
    
    the transfer of an inmate from a unit or location where he is
    
    subject to the challenged policy, practice, or condition, to a
    
    different unit or location where he is no longer subject to the
    
    challenged policy, practice, or condition moots his claims for
    
    injunctive and declaratory relief, even if a claim for money
    
    damages survives.")).   Here, once prison officials transferred
    
    Snell to MCI-Shirley, an accessible facility which made available
    
    to Snell, without impediment, appropriate prison legal resources,
    
    Snell could no longer allege a continuing injury remediable by
    
    injunctive or declaratory relief.    See id.
    
              However, there is a way for inmates to keep their
    
    declaratory and injunctive relief claims alive after they leave
    
    the prison in which the alleged harm occurred.    If an inmate can
    
    show the challenged policies are "capable of repetition, yet
    
    evading review," then he can escape mootness.    Ford, 768 F.3d at
    
    30.   The exception applies where:    (1) the challenged action did
    
    not last long enough for the parties to litigate the harm before
    
    it ended; and (2) there is a reasonable expectation that the
    
    complaining party will endure the same allegedly harmful action at
    
    some point in the future.   See Barr v. Galvin, 626 F.3d 99, 105
    
    (1st Cir. 2010) (quoting FEC v. Wis. Right to Life, Inc., 551 U.S.
    
    449, 462 (2007)).
    
    
                                 - 19 -
                  We assume Snell's circumstances satisfy the first prong
    
    and proceed to the second.          In support thereof, Snell points to
    
    systemic imperfections in the prison medical review process for
    
    updating and renewing medical restrictions, and to his many battles
    
    with    DOC   defendants   in    pursuit   of   a   no-stairs   restriction.15
    
    Hammering the point, Snell tells us his no-stairs restriction from
    
    Dr. Churchville expired in November 2019 without being renewed.
    
    With this combination of concerns, Snell fears DOC defendants will
    
    transfer him out of MCI-Shirley, a place where the absence of the
    
    restriction does not affect his health.
    
                  The problem with Snell's argument is that he never
    
    references evidence of problems so severe as would amount to a
    
    systemically dysfunctional review scheme.                Simply because the
    
    medical review process, at times, has glitches, and because Snell's
    
    no-stairs restriction has expired, does not mean Snell would not,
    
    going       forward,   receive     all     appropriate    restrictions    and
    
    accommodations if placed in a non-accessible facility.             This is so
    
    particularly given the documented degenerative changes to his
    
    physical health, which the DOC defendants have acknowledged and
    
    addressed.       Further, Snell has remained at MCI-Shirley since
    
    November 2018 and any uncertainty about how Snell might be later
    
    medically evaluated or later housed does not suggest a reasonable
    
    
            Snell often had his restrictions renewed annually, but the
           15
    
    renewal process was far from perfect, let alone automatic.
    
    
                                        - 20 -
    likelihood of repetition.                See Hunt, 455 U.S. at 482 ("[M]ere
    
    physical    or    theoretical          possibility"      of   reoccurrence     are    not
    
    enough     and    "[r]ather,           . . .    there    must    be    a   'reasonable
    
    expectation'       or     a    'demonstrated       probability'       that   the     same
    
    controversy       will"       happen    again    to     the   "same   complain[ant]")
    
    (quoting Weinstein v. Bradford, 423 U.S. 147, 149 (1975) (per
    
    curiam)); see also Ford, 768 F.3d at 30; Manguriu, 794 F.3d at 121
    
    (assessing agency actions outside record when analyzing mootness).
    
                 As for Dr. Ruze, she no longer works as a contractor for
    
    the Massachusetts Department of Correction and therefore has no
    
    further     medical       responsibility          for     Snell;      injunctive     and
    
    declaratory relief aimed at her would be of no avail.                        See, e.g.,
    
    ACLU of Mass. v. U.S. Conf. of Catholic Bishops, 705 F.3d 44, 53
    
    (1st Cir. 2013) (once contract expired, nothing to enjoin).
    
                 Accordingly, we affirm the district court's decision to
    
    declare moot the claims for injunctive and declaratory relief and
    
    turn now to Snell's remaining claims for damages against the
    
    defendants, claims which survive because his transfer out of MCI-
    
    Concord does not erase any injury he may have suffered while he
    
    was there.       See Ford, 768 F.3d at 29 (quoting Incumaa, 507 F.3d at
    
    287).
    
                 B. Standard of Review for Summary Judgment Claims
    
                 Appellants who lose at summary judgment get the benefit
    
    of what we call de novo review, which is where we examine the
    
    
                                              - 21 -
    entire record afresh to determine whether the law required the
    
    moving party -- here the defendants -- to win.                      See Nunes, 766
    
    F.3d at 142.     We will agree the defendants should have won if "no
    
    genuine dispute as to any material fact" exists in the record, id.
    
    (quoting Fed. R. Civ. Pro. 56(a)), and the movants are entitled to
    
    judgment as a matter of law, see Mason v. Telefunken Semiconductors
    
    Am., LLC, 797 F.3d 33, 37-38 (1st Cir. 2015).                   If the non-moving
    
    party (Snell) can point to record evidence allowing a reasonable
    
    jury to return a verdict in his favor, then we would say there is
    
    a   genuine    dispute      of    material     fact    and   the    district     court
    
    erroneously granted summary judgment.                 See Perry v. Roy, 782 F.3d
    
    73, 78 (1st Cir. 2015); see also Enica v. Principi, 544 F.3d 328,
    
    336 (1st Cir. 2008).             That evidence, however, cannot "rely[] on
    
    improbable       inferences,         conclusory        allegations,        or     rank
    
    speculation."     Enica, 544 F.3d at 336 (quoting Ingram v. Brink's,
    
    Inc., 414 F.3d 222, 228–29 (1st Cir. 2005)).
    
                    C. Retaliation on Account of Litigation
    
                  Snell leans on Title V of the ADA by alleging claims
    
    which   boil    down   to    this:      the    DOC    defendants     and   Dr.    Ruze
    
    retaliatorily     conspired        to   keep     Snell   from      the   first-floor
    
    
    
    
                                            - 22 -
    Terminal    because,   he   believes,     his   litigious   character        irked
    
    them.16
    
                We   assess     whether     defendants   illegally          retaliated
    
    against plaintiffs through a familiar burden-shifting exercise.
    
    See D.B. ex rel. Elizabeth B. v. Esposito, 675 F.3d 26, 41 (1st
    
    Cir. 2012) (citing McDonnell Douglas Corp. v. Green, 411 U.S. 792,
    
    801–03 (1973)).     Snell must present evidence that:         (1) he engaged
    
    in conduct protected by the ADA, such as complaining about a lack
    
    of a reasonable accommodation; (2) the defendants subjected him to
    
    some adverse action; and (3) there was a causal connection between
    
    the protected conduct and the adverse action.               Id.     "An adverse
    
    action is one that might well dissuade a reasonable person from
    
    making or supporting a charge of discrimination."                 Id.    If Snell
    
    demonstrates evidence of all three (what lawyers call a "prima
    
    facie" case), then the burden shifts to the defendants to provide
    
    a "legitimate non-retaliatory explanation for the adverse action."
    
    Id. at 42.       If the defendants succeed, the story does not end
    
    there.     Once more the burden shifts back to Snell to establish
    
    sufficient facts such that a reasonable juror could believe the
    
    defendants' explanations were pretextual, meaning the defendants
    
    
         16  Title V of the ADA makes such retaliation illegal: "No
    person shall discriminate against any individual because such
    individual has opposed any act or practice made unlawful by this
    chapter or because such individual made a charge, testified,
    assisted, or participated in any manner in an investigation,
    proceeding, or hearing under this chapter." 42 U.S.C. § 12203(a).
    
    
                                          - 23 -
    were "motivated by a retaliatory animus."               Id.   Although we step
    
    cautiously when considering summary judgment motions involving
    
    issues    of    motive   and    intent,    such   as     Snell's       retaliation
    
    allegation, see Oliver v. Digit. Equip. Corp., 846 F.2d 103, 109
    
    (1st Cir. 1988), the nonmoving party must proffer more than
    
    "conclusory allegations, improbable inferences, and unsupported
    
    speculation" for his claims to survive, Coll v. PB Diagnostic Sys.,
    
    Inc., 50 F.3d 1115, 1121 (1st Cir. 1995) (quoting Medina–Muñoz v.
    
    R.J. Reynolds Tobacco Co., 896 F.2d 5, 8 (1st Cir. 1990)).17                  With
    
    these principles in mind, we turn to Snell's claims against each
    
    defendant.
    
               By    October   of   2015,     Snell   had    lodged    a    number   of
    
    administrative complaints about stair climbing, and he had turned
    
    to state court litigation at least once.18          But the October 9, 2015
    
    
         17 Additionally, in suits brought by inmates, we are mindful
    that some of our sister courts have been at times wary of
    retaliatory claims because prisoners file them (or threaten to
    file them) frequently, as Snell himself admits to having done.
    See Davis v. Goord, 320 F.3d 346, 352 (2d Cir. 2003); Adams v.
    Rice, 40 F.3d 72, 74 (4th Cir. 1994). Because of this real world
    reality, these courts have approached such claims with "particular
    care" since, as they persuasively reason, "virtually any adverse
    action taken against a prisoner by a prison official -- even those
    otherwise not rising to the level of a constitutional violation -
    - can be characterized as a constitutionally proscribed
    retaliatory act." Goord, 320 F.3d at 352 (quoting Dawes v. Walker,
    239 F.3d 489, 491 (2d Cir. 2001), overruled on other grounds by
    Swierkiewicz v. Sorema N.A., 534 U.S. 506 (2002)). Whether this
    extra caution is warranted is not a fray we need to enter in
    resolving Snell's claims.
         18   It is unclear from the record but in May 2013, Snell sued
    prison    officials in Massachusetts Superior Court seeking
    
    
                                        - 24 -
    grievance newly bemoaning unreasonable Terminal time constraints
    
    and reiterating his stair climbing deficits appear to have garnered
    
    greater scrutiny.   After considering Snell's requests, the DOC
    
    defendants denied the grievance and thereafter prohibited Snell
    
    from using the first-floor legal resources after one official found
    
    him at the Terminal on October 29, 2015.19      To Snell, the DOC
    
    defendants' swift action was by no means a coincidence; it was
    
    retaliation to "keep [him] from getting access to the courts."
    
              As for Dr. Ruze, Snell claims her participation in the
    
    retaliatory conspiracy occurred when she wrote the June 23, 2016
    
    administrative note wherein she reiterated her opinion that Snell
    
    had no medical reason to stay on flat ground.     Dr. Ruze did so,
    
    says Snell, without medically reevaluating him, and on the same
    
    day prison officials consulted her after receiving the Prison Legal
    
    Services' demand letter asserting Snell's ADA rights.     We first
    
    address the allegations against Dr. Ruze before moving on to the
    
    DOC defendants.
    
    
    
    "reinstatement of his bottom-bunk placement" (which for some
    reason had been taken away) "and judicial relief to prevent," as
    he alleged, "further damage to [his] knees caused by being forced
    to climb stairs." In March 2014, the court dismissed the case as
    moot without prejudice because prison officials had returned Snell
    to a bottom bunk.
    
         19  Joann Lynds, the director of treatment who was supervised
    by the ADA coordinator, came upon Snell at the Terminal. She could
    not recall how she found him there but she testified at deposition
    that she had never seen him there before.
    
    
                                  - 25 -
                                       i. Dr. Ruze
    
                For the first prong of the test -- did Snell engage in
    
    protected    ADA   conduct    --     we    conclude   that    Snell's      numerous
    
    grievances concerning losing access to the first-floor Terminal
    
    can reasonably be viewed as protected conduct.                See Esposito, 675
    
    F.3d at 41.
    
                However, Snell can make it no further.               Turning to the
    
    second step -- whether Dr. Ruze subjected Snell to any adverse
    
    action -- our scour of the record finds no evidence demonstrating
    
    she did.     The June 23, 2016 note Snell points to as proof of an
    
    adverse action makes no mention whatsoever of the Terminal; it
    
    merely repeats Dr. Ruze's longstanding medical opinion concerning
    
    Snell's     ability   to     climb    stairs.         In     fact,   the     myriad
    
    administrative     complaints      concerning     Snell's     first-floor      woes
    
    (both before and after June 23, 2016) never mention Dr. Ruze as
    
    acting adversely towards him.             Rather, they focused almost solely
    
    on Snell's understanding of what his 1998 "indefinite" bottom tier
    
    restriction afforded him.          Nor has Snell produced evidence of any
    
    specific grievances he may have filed which voiced dissatisfaction
    
    with Dr. Ruze's medical treatment (even as he insists he must have
    
    submitted them) or which complained to Dr. Ruze about accessing
    
    the Terminal.      And although (as discussed more below) the DOC
    
    defendants' decision to shut off Snell's first-floor Terminal
    
    might reasonably be considered adverse vis-à-vis the responsible
    
    
                                          - 26 -
    decision makers, Snell's opening brief concedes Dr. Ruze had no
    
    say in that decision.      Her job was to provide medical restrictions
    
    and recommendations based on her best medical judgment, not to
    
    adjudicate what should be considered a reasonable accommodation,
    
    a determination which the DOC defendants could have provided to
    
    Snell with or without Dr. Ruze's medical input.              As such, Snell
    
    has not, as our case law requires, advanced evidence to create a
    
    triable issue of fact regarding whether Dr. Ruze's note was an
    
    adverse action which would "dissuade a reasonable person from
    
    making or supporting a charge of discrimination."             Esposito, 675
    
    F.3d at 41.20
    
               Even if Snell managed to get past prong two, his argument
    
    falters   at    step   three   because   there   is   no   evidence   Snell's
    
    grievances caused Dr. Ruze to act adversely against Snell.              Snell
    
    counters that there is indeed such evidence of causation, and he
    
    points to the timing of Dr. Ruze's June 23 note as such proof.
    
    That Dr. Ruze provided the note to the DOC defendants on the same
    
    day they provided Prison Legal Services with a justification for
    
    denying Snell access to the first-floor Terminal and that Dr. Ruze
    
    provided the note after the DOC defendants asked her about Snell's
    
    medical history is, to Snell, significant.            It demonstrates, says
    
    
         20  As a kicker to the weakness of Snell's assertions, he
    clearly was not dissuaded or particularly bothered by Dr. Ruze's
    note.   He continued to file grievances and to seek Dr. Ruze's
    medical advice as a cordial patient.
    
    
                                       - 27 -
    Snell, that Dr. Ruze had a hand in punishing him for asserting his
    
    ADA rights (even if, as he conceded, she could not control the
    
    initial deprivation).      While it is correct that temporal proximity
    
    between a protected action (such as filing grievances) and the
    
    adverse action (terminating Snell's use of the Terminal) can, at
    
    times, demonstrate causation, see Esposito, 675 F.3d at 42 (quoting
    
    Carreras v. Sajo, García & Partners, 596 F.3d 25, 38 (1st Cir.
    
    2010)), the proximity fails to do so in this instance.              The DOC
    
    defendants'   revocation     of    Snell's    first-floor   Terminal   usage
    
    occurred some nine months before Dr. Ruze notated her June 23 stair
    
    climbing opinion making any causal connection too attenuated.
    
              But   not   so   fast.      Snell    also   argues   causation   is
    
    established by the combination of two events on June 23, 2016,
    
    before Dr. Ruze filed the administrative note later in the day:
    
    (1) Dr. Ruze and the DOC defendants' discussion of Snell's law
    
    library usage; and (2) Dr. Ruze's failure to reexamine Snell.              No
    
    reasonable juror could find either action separately or in concert
    
    suspect. Dr. Ruze's administrative note articulated her (and other
    
    medical providers') long-held medical opinion that Snell did not
    
    require a no-stairs restriction -- an opinion clearly untethered
    
    to Snell's legal research preferences.           As for entry of her note
    
    without a same-day examination, the record makes pellucid that Dr.
    
    Ruze was exceedingly familiar with Snell, considering the multiple
    
    times she treated him in 2016 and the abundance of times she saw
    
    
                                        - 28 -
    him over the preceding years.    As mentioned earlier, she opined
    
    stairs would improve, not harm, Snell's health and she retained
    
    this medical opinion way past the entry of her June 23, 2016 note.
    
    When treating Snell in April 2017, she still maintained he could
    
    "walk quickly" with or without a cane, that he had 5/5 strength in
    
    his lower extremities, and that his health would decline if he
    
    stopped walking stairs.    The record thus shows, beyond dispute,
    
    that Dr. Ruze's consistent medical opinion, not Snell's protected
    
    conduct or her discussion with the DOC defendants about that
    
    conduct, caused her to pen the June 23, 2016 note.     Cf. Collazo-
    
    Rosado v. Univ. of P.      R., 765 F.3d 86, 93 (1st Cir. 2014)
    
    (consistent behavior by defendants undercut plaintiff's argument
    
    that defendants' legitimate explanations for adverse employment
    
    action were pretextual).    Snell's speculative arguments to the
    
    contrary are not enough to survive summary judgment.    See Enica,
    
    544 F.3d at 336.
    
                          ii. The DOC Defendants
    
              So we move along to Snell's retaliation claims against
    
    the DOC defendants.   Reading the facts in the light most favorable
    
    to Snell, we will assume he has made out his prima facie case of
    
    retaliation.   See Esposito, 675 F.3d at 41.    We can also assume
    
    the DOC defendants countered with a legitimate, non-discriminatory
    
    explanation for keeping Snell away from the first-floor Terminal:
    
    they claim to have done so only after they became explicitly aware
    
    
                                   - 29 -
    Snell      was    using       it   and    after       they   confirmed       Snell   had    no
    
    accommodation due to a medical restriction warranting its use.
    
    See id.; Collazo-Rosado, 765 F.3d at 93 (1st Cir. 2014) (proceeding
    
    to the simplest way to resolve a retaliation lawsuit).                               What we
    
    are   left       to    decide      is    whether,       as   Snell    contends,      the   DOC
    
    defendants'           proffered      explanations        hold   up    under    scrutiny     or
    
    whether record evidence suggests those explanations are pretext to
    
    cover up their true discriminatory intent.
    
                     "[T]here is no mechanical formula for finding pretext"
    
    and   it    is     thus    a    fact-intensive          inquiry      to   uncover    the   DOC
    
    defendants' true motives.                 Kelley v. Corr. Med. Servs., Inc., 707
    
    F.3d 108, 116 (1st Cir. 2013) (quoting Che v. Mass. Bay Transp.
    
    Auth., 342 F.3d 31, 39 (1st Cir. 2003)).                        One way for a plaintiff
    
    to    survive         summary      judgment      is     by   showing       pretext   through
    
    "weaknesses, implausibilities, inconsistencies, incoherencies, or
    
    contradictions           in    the      [DOC   defendants']       proffered      legitimate
    
    reasons for [their] action [such] that a reasonable factfinder
    
    could rationally find them unworthy of credence and hence infer
    
    that the [DOC defendants] did not act for the asserted non-
    
    discriminatory reasons."                 Adamson v. Walgreens Co., 750 F.3d 73,
    
    79 (1st Cir. 2014) (quoting Gómez-González v. Rural Opportunities
    
    Inc., 626 F.3d 654, 662-63 (1st Cir. 2010)).                              If the undisputed
    
    record evidence is insufficient to demonstrate pretext, then Snell
    
    
    
    
                                                   - 30 -
    will be unable to meet his final burden.            See Kelley, 707 F.3d at
    
    116.
    
               Snell     asserts    that   the    DOC   defendants'    proffered
    
    explanation    for   shutting   down    his   access   to   the   first-floor
    
    Terminal was inconsistent or contradictory with the actual record
    
    because:      (1) they knew about and sanctioned his use of the
    
    Terminal between 2013 and 2015; and (2) they kept him away from
    
    those legal resources for reasons other than his lack of a no-
    
    stairs restriction.
    
     a. Whether the DOC Defendants Knew about or Sanctioned Snell's
    
                              Use of the Terminal
    
               Snell points to evidence which he says supports his
    
    contention that he had permission to use the Terminal.                 Snell
    
    testified at his deposition that the DOC defendants, specifically
    
    the ADA coordinator, granted him a reasonable accommodation to use
    
    the first-floor Terminal between July 2013 and October 2015 (though
    
    they contest having done so).          Remember also that Snell says the
    
    DOC defendants knew about his use of the Terminal.           If either were
    
    true, Snell might well demonstrate the existence of a genuine
    
    disputed material fact as to whether the DOC defendants' proffered
    
    legitimate explanation for taking away Snell's access -- that they
    
    only found out he was using the Terminal following the October 9,
    
    2015 grievance -- was pretextual.
    
    
    
    
                                       - 31 -
                    But the analysis is not so simple.           Although our case
    
    law   recognizes        that    testimonial    evidence   can,   at    times,    be
    
    sufficient to raise a genuine issue of material fact, we have also
    
    repeatedly indicated that conclusory statements without support in
    
    the record are not enough to survive summary judgment.21                        See
    
    Velázquez-García v. Horizon Lines of P.R., Inc., 473 F.3d 11, 18
    
    (1st Cir. 2007) (holding that self-serving testimony is sufficient
    
    to survive summary judgment so long as "the nonmovant's deposition
    
    testimony        sets   forth     specific     facts,   within   his    personal
    
    knowledge, that, if proven, would affect the outcome of the
    
    trial"); Medina-Muñoz, 896 F.2d at 8 ("Even in cases where elusive
    
    concepts such as motive or intent are at issue, summary judgment
    
    may be appropriate if the nonmoving                party rests merely upon
    
    conclusory allegations, improbable inferences, and unsupported
    
    speculation.").
    
                    With that framing in mind, we take a deeper record dive
    
    to see what contentions find support.               First, we assess whether
    
    there      is   evidence   that    the   DOC    defendants   granted     Snell    a
    
    reasonable accommodation.           Next, we tackle whether there is record
    
    
    
          21Snell also makes a passing allegation that he received the
    accommodation following a 2013 state court lawsuit against an MCI-
    Concord superintendent in which he challenged losing his bottom
    bunk status. See supra note 18. In that suit, at least according
    to the record before us, Snell never specifically demanded an
    accommodation to access the first-floor Terminal, so it was never
    addressed there.
    
    
                                          - 32 -
    support       for    Snell's      assertion   that    they   otherwise    knew    or
    
    sanctioned his use of the Terminal from July 2013 to October 2015.
    
           1. Whether the DOC Defendants Granted Snell a Reasonable
    
                                        Accommodation
    
                   As mentioned earlier, there is no written documentation
    
    of any reasonable accommodation having been granted to Snell,
    
    despite the regulations requiring the DOC defendants to keep such
    
    paperwork.      Moreover, Snell makes no claim that the DOC defendants
    
    violated their regulations or lost apt paperwork.22                      Therefore,
    
    without such documentation, we will take Snell's argument to mean
    
    that    the    DOC    defendants      granted      Snell's   claimed    reasonable
    
    accommodation         in   some    oral    off-the-books     method.      The    DOC
    
    defendants, including the ADA coordinator, repeatedly testified
    
    Snell was never granted a reasonable accommodation for first-floor
    
    Terminal use.          Had they done so, they would have used formal
    
    channels to process and to correspond about such issues.                      Snell
    
    does not dispute this testimony except to repeat the same refrain
    
    --   "DOC     authorities      permitted      Mr.    Snell   to   use   the     . . .
    
    [Terminal]."         The only further detail he puts forward is that the
    
    ADA coordinator sanctioned his use of the legal resources because
    
    of his "orthopedic conditions and difficulty climbing stairs."
    
    
           22 The DOC defendants kept an electronic system that
    supposedly tracked all accommodations, and which did not show any
    accommodation for Snell, but one DOC defendant testified to
    documented accommodations existing off the electronic system.
    
    
                                              - 33 -
                According to the DOC defendants, staff did not grant
    
    reasonable accommodations temporarily or orally, even when it was
    
    obvious the inmate required one.          For example, if an inmate in a
    
    wheelchair asked the librarian to use the first-floor Terminal, he
    
    could not do so without proof of an accommodation, notwithstanding
    
    the self-evident fact that the inmate could not climb stairs.               The
    
    process to approve an accommodation for an inmate with "obvious
    
    physical impairments," a group to which Snell claimed he belonged,
    
    did not have to be lengthy.           The librarian could call the ADA
    
    coordinator who could approve the accommodation without checking
    
    on   a   medical   restriction,      if   the   impairment    was    glaringly
    
    discernable.       Or,   if   the   inability   to   stair   climb   was   less
    
    conspicuous (such as an inmate using a cane), the ADA coordinator
    
    could check quickly with medical staff to see if the inmate had
    
    any stair climbing medical restriction. If so, the ADA coordinator
    
    would formalize the accommodation by memorializing it in writing.
    
    Whatever the scenario, there would always be paperwork.
    
                We note that although Snell says the ADA coordinator
    
    granted him permission to use the Terminal, he puts no other meat
    
    on the bones such as when or where the conversation occurred or
    
    the context in which it arose or was supposedly granted.              Without
    
    more, we find Snell's statement amounts to a bald, conclusory
    
    allegation insufficient to create a genuine issue of material fact
    
    as to whether the DOC defendants let him use the Terminal.                 Thus,
    
    
                                         - 34 -
    the decision to discontinue Snell's improper use of the Terminal
    
    cannot reasonably be viewed as evidence of pretext.
    
      2. Whether the DOC Defendants Knew about or Permitted Snell's
    
                                    Terminal Use
    
               Even if Snell had no formal reasonable accommodation, he
    
    could demonstrate pretext if he raised a genuine issue of material
    
    fact that the DOC defendants otherwise knew about or permitted his
    
    use of the Terminal before Snell filed the October 2015 grievance
    
    and   before   they   stopped   letting    him   access   the   first-floor
    
    resources.     As Snell tells it, two scenarios in the record support
    
    his pretext claims in this manner.         First, the librarian allowed
    
    Snell to use the Terminal in full view without reprimand.             And,
    
    second, Snell points to the grievance he filed in August 2015 (the
    
    grievance resulting from the vacationing librarian leaving Snell
    
    high and dry), in which he pleaded for restored access to legal
    
    resources including a typewriter and a Lexis terminal.             Neither
    
    asserted fact gets him very far.
    
               Aside from that which we've already rejected, Snell
    
    guides us to no other evidence disputing that it was the librarian,
    
    not the DOC defendants, who permitted him to use the Terminal
    
    without a proper medical restriction in violation of MCI-Concord's
    
    rules.   The policy preventing the librarian free rein was in place
    
    by 2011, and Snell concedes that the librarian "understood that
    
    the" Terminal was "designated for handicap-accessible use" only.
    
    
                                      - 35 -
    The librarian, however, admitted that he nonetheless let inmates
    
    use the Terminal on a "[f]irst come, first serve" basis, apparently
    
    in violation of the DOC defendants' rules.         He specifically
    
    believed that Snell could use the Terminal not because he checked
    
    with the DOC defendants, but because Snell was using the Terminal
    
    when the librarian started at MCI-Concord in September 2013 and
    
    because Snell showed up nearly every day to use it.
    
               Moreover, nowhere in his opening or his reply brief does
    
    Snell describe or point to any evidence that the responsible DOC
    
    defendants saw him using the resources "in full view" until they
    
    found him there on October 29, 2015.   By using the phrase "in full
    
    view," perhaps Snell wants us to conclude that the DOC defendants
    
    saw or should have seen him at the Terminal in the normal course
    
    of the prison day during his two-plus-year stint on the machine.
    
    But after thoroughly probing the record here, we have found no
    
    evidence to support that contention.   And without more information
    
    in the record describing, for instance, what daily routine would
    
    have brought Snell into the view of the DOC defendants, the
    
    inference Snell asks us to draw amounts to speculation.   That one
    
    prison librarian failed to do his job does not morph the DOC
    
    defendants' legitimate rationale into a contradiction evidencing
    
    pretext.   See Enica, 544 F.3d at 336 (speculation not enough to
    
    survive summary judgment).
    
    
    
    
                                  - 36 -
               Second, as for the August 2015 grievance decrying his
    
    typewriter and Lexis deprivation, Snell claims it proves another
    
    prison official aside from the librarian (and one somehow involved
    
    in administrative processes) became aware of Snell's first-floor
    
    Terminal use and did not right then put an end to it.23           However,
    
    pertinent here, Snell's August 2015 grievance, which the official
    
    handled, makes no specific mention of first-floor legal resources
    
    at all.   Likewise, the official's five sentence response, which is
    
    typed on the same page below the grievance, makes no mention of
    
    first-floor equipment.      But, Snell argues, because his grievance
    
    does note that he "possess[ed] an unspecified 'special medical
    
    needs restriction'" since 1998 (presumably his indefinite bottom
    
    tier restriction) given his "difficulty in climbing stairs," we
    
    should    conclude   the   official    (and,   by   extension,    the   DOC
    
    defendants) had to know his complaint was making reference to his
    
    loss of first-floor legal resources.
    
               From the face of the document, we fail to see why we
    
    should.     In   responding   to    Snell's    grievance,   the   official
    
    explained, without embellishment, how alternative staffing had
    
    been arranged to provide access to a typewriter (and other items)
    
    in the librarian's absence. As for the Lexis disrepair, the prison
    
    
         23 Although that official's name and position appear in the
    record, it is otherwise silent on what his particular duties and
    responsibilities would have been to interrupt Snell's Terminal
    usage, assuming he knew about it.
    
    
                                       - 37 -
    official wrote:     "The issue with the Lexis computer system has
    
    been resolved.     Be advised that every effort is made to restore
    
    the Lexis computer system in the event of malfunction."                   Other
    
    parts of the record make clear the entire system of Lexis terminals
    
    -- first and second-floor -- had been inoperable on the day Snell
    
    complained and had to be fixed.       Therefore, contrary to what Snell
    
    contends, no evidence suggests the official's written resolution
    
    of Snell's grievance, standing alone, could be reasonably viewed
    
    as a grant of permission for him to use the first-floor Terminal
    
    due to his medical condition.         Snell's rejoinder thus does not
    
    contradict the DOC defendant's repeated official position on his
    
    many stair-climbing grievances; they believed Snell, in 2015,
    
    could still negotiate the hike and they were not aware he was using
    
    the first-floor Terminal.24       No contradictory evidence on this
    
    point advances Snell's pretext argument.
    
                            b. Ulterior Motive Theory
    
               Next,   Snell    attacks     the   second   half   of    the    DOC
    
    defendants' proffered legitimate explanation -- that they kept
    
    Snell from the first-floor Terminal because he lacked a no-stairs
    
    medical   restriction    that   could    have   qualified     him   for    the
    
    accommodation. Specifically, he urges that a reasonable jury could
    
    
         24  Even after Snell filed the August grievance, it appears
    the DOC defendants renewed their invitation for him to apply for
    a reasonable accommodation to use the first-floor Terminal, but he
    did not do so.
    
    
                                     - 38 -
    return a retaliation verdict in his favor due to circumstantial
    
    evidence proving discriminatory animus.                 See Enica, 544 F.3d at
    
    343     ("[C]ircumstantial           evidence     may    certainly       establish
    
    discriminatory motive").            Snell points out that the DOC defendants
    
    transferred      him    to    MCI-Shirley,       an   accessible      facility,   on
    
    November    8,   2018,       the    same   day   he   received     the   no-stairs
    
    restriction from Dr. Churchville.            But Snell has not developed how
    
    or why the DOC defendants' decision to transfer Snell once Dr.
    
    Churchville determined Snell's condition had worsened evidences
    
    pretext.    See Charles v. Rice, 28 F.3d 1312, 1319 (1st Cir. 1994)
    
    (empowering us to ignore perfunctory arguments).
    
                Aside from Snell's lack of development, we note the
    
    decision came almost three years after the deprivation of Snell's
    
    access to the Terminal.            Additionally, the DOC defendants, just as
    
    they had earlier done with Dr. Ruze, followed prison procedures by
    
    deferring   to    Dr.    Churchville's      updated     November      2018   medical
    
    opinion that Snell, upon further examination, should no longer
    
    climb stairs and should have first-floor housing.                     That the DOC
    
    defendants responded to the updated 2018 medical recommendation by
    
    finding Snell an accessible prison without stairs, instead of
    
    simply letting him use the Terminal, says nothing about the DOC
    
    defendants' motivations for their 2015 ADA response.                         But see
    
    Echevarría v. Astrazeneca Pharm., LP, 856 F.3d 119, 136 (1st Cir.
    
    2017)   (stating       the   "rock-solid     premise     that    [a    defendant's]
    
    
                                            - 39 -
    inadequately explained material deviation from standard procedure
    
    can establish a genuine dispute of material fact as to whether the
    
    [defendant's]         stated       justifications       are    pretextual"         (citing
    
    Acevedo-Parilla v. Novartis Ex-Lax, Inc., 696 F.3d. 128, 142-43
    
    (1st Cir. 2012))).
    
                Snell's         final    attempt    to    show     the    DOC     defendants'
    
    reasoning      for    the    adverse       action    against    him     was    pretextual
    
    complains that the DOC defendants singled out Snell for punishment
    
    because they told the librarian specifically not to let him (and
    
    no   one   else)      use    the    first-floor       Terminal.         True,      the   DOC
    
    defendants did tell the librarian to keep Snell away from that
    
    station.    But such is not the end of the story.                    Although the order
    
    to   enforce    the     "Handicapped         Only"    nature    of     the    first-floor
    
    Terminal may, on the surface, appear to affect only Snell, he has
    
    pointed to no supporting evidence showing other inmates were
    
    allowed    to   use     the    Terminal       without    an    appropriate         medical
    
    restriction      or     without       an    approved     accommodation          once     the
    
    librarian was reined in.             In fact, according to the librarian, no
    
    other inmate has used the first-floor Terminal since the DOC
    
    defendants reminded him to enforce prison regulations.                             On this
    
    record, we cannot say that the DOC defendants acted with pretext
    
    when   they,     in    complete       accord    with     prison       regulations        and
    
    procedures      and    coupled       with    their    prior    denials        of   Snell's
    
    grievances, instructed the librarian to follow the rules and to
    
    
                                               - 40 -
    keep an inmate without a qualifying restriction from using the
    
    Terminal.   See id.   The DOC defendants never provided inconsistent
    
    or contradictory reasoning about official first-floor Terminal
    
    protocol.   See id. (dismissing defendant's claim of pretext when
    
    she did not raise any facts showing defendants' explanations were
    
    "contradictory, incoherent, implausible, or inconsistent," or that
    
    they were "'unworthy of credence'" (quoting Collazo-Rosado, 765
    
    F.3d at 94)).25       Snell's assertions to the contrary are mere
    
    "unsupported   speculation"    which   cannot   demonstrate   the   DOC
    
    defendants' legitimate explanations were pretextual.          Coll, 50
    
    F.3d at 1121 (quoting Medina–Muñoz, 896 F.2d at 8).
    
    
    
    
         25 Snell also argues that the temporal proximity between the
    deprivation (October 29, 2015) and his grievance (October 9, 2015)
    shows a causal connection necessary to prove his prima facie case.
    As stated, we need not engage with the prima facie case argument
    because we assumed Snell met his burden. However, even if Snell's
    brief implied that temporal proximity proves pretext, he would be
    mistaken.   That there was a temporal proximity between Snell's
    grievance and the DOC defendants' action does not alone get him to
    his preferred destination.      See Echevarría, 856 F.3d at 138
    ("Although such close temporal proximity 'may suffice for a prima
    facie case of retaliation,' it 'does not[, standing alone,] satisfy
    [the] ultimate burden to establish that the true explanation for
    [plaintiff's] firing was retaliation for engaging in protected
    conduct.'" (first alteration in original) (quoting Carreras, 596
    F.3d at 38)). And, as demonstrated, the DOC defendants' actions
    were an expected reaction by prison officials who learn about
    behavior that violates prison rules.
    
    
                                    - 41 -
       D. Climbing the Cruel and Unusual Stairs to the Courthouse
    
                            (Eighth Amendment)
    
              The district court determined there was no triable issue
    
    of material fact that either the DOC defendants or Dr. Ruze
    
    subjected Snell to cruel and unusual punishment by withholding a
    
    no-stairs restriction and by discontinuing his reliance upon the
    
    first-floor Terminal.      Snell disagrees, once more alleging the
    
    defendants' decisions caused harm to his health.
    
              To succeed with an Eighth Amendment claim related to
    
    medical problems, Snell must satisfy two elements against the DOC
    
    defendants and Dr. Ruze.    See Estelle v. Gamble, 429 U.S. 97, 104-
    
    05 (1976).26   According to the first prong -- the objective one -
    
    - we must determine whether Snell had a "serious medical need[]"
    
    for which the defendants provided inadequate care.      Id. at 104;
    
    see also Kosilek v. Spencer, 774 F.3d 63, 85 (1st Cir. 2014) ("To
    
    sustain a claim under the objective prong of the Eighth Amendment,
    
    [plaintiff] must show that she has a serious medical need for which
    
    she has received inadequate treatment.").27   Under the second prong
    
    
         26  The Fourteenth Amendment's due process clause makes the
    Eighth Amendment apply to state actors.         See Robinson v.
    California, 370 U.S. 660, 667 (1962).    Title 42, United States
    Code, Section 1983 provides a private right of action for
    plaintiffs to litigate constitutional harms, including Eighth
    Amendment ones. See Parker, 935 F.3d at 14.
         27  Snell's opening and reply briefs insist that he is not
    complaining about the quality of care he received; rather, it is
    the denial of a reasonable accommodation for his inability to
    ascend stairs which undergirds his Eighth Amendment challenge.
    
    
                                    - 42 -
    -- the subjective one -- we must assess whether the DOC defendants
    
    and   Dr.   Ruze   exhibited   "deliberate    indifference   to   [Snell's]
    
    serious medical need" when they shut him out from the first-floor
    
    Terminal.    Estelle, 429 U.S. at 105.         We also must keep in mind
    
    that not every harm equates to cruel and unusual punishment in
    
    violation of the Eighth Amendment.           See Kosilek, 774 F.3d at 83
    
    (citing Farmer v. Brennan, 511 U.S. 825, 837 (1994)).              We take
    
    each prong in turn.
    
                            i. Serious Medical Need
    
                For the objective prong, the range of serious medical
    
    needs includes those which are either diagnosed by physicians or
    
    "'[are] so obvious that even a lay person would easily recognize
    
    the necessity for a doctor's attention.'"            Id. at 82 (quoting
    
    Gaudreault v. Municipality of Salem, Mass., 923 F.2d 203, 208 (1st
    
    
    Because of the distinction, Snell argues that whether he received
    "inadequate medical care" is irrelevant for determining whether he
    suffered from a serious medical need sufficient to satisfy the
    objective prong of our Eighth Amendment test.      Snell, however,
    does not cite to any First Circuit precedent supporting his view
    that we can excise "inadequate medical care" from our analysis.
    In fact, in his opening brief, he relies on Kosilek to lay out the
    test for whether prison officials have violated an inmate's Eighth
    Amendment rights.     As just shown, Kosilek expressly requires
    "inadequate treatment" of a serious medical need to satisfy the
    objective prong, 774 F.3d at 85, and that is how we will analyze
    the claim, because withholding a reasonable accommodation might,
    in certain circumstances, constitute inadequate care.       To the
    extent Snell may be inviting us to follow other circuits, which
    lump inadequate care into the subjective prong of deliberate
    indifference, see, e.g., Callahan v. Poppell, 471 F.3d 1155, 1159
    (10th Cir. 2006), Snell cannot thereby avoid a wholesale discussion
    of the topic.
    
    
                                      - 43 -
    Cir. 1990)). As for whether the defendants provided adequate care,
    
    prison officials are not required to render ideal care, let alone
    
    cater to an inmate's preferred healthcare regimen.           See id.   They
    
    simply must provide care at "a level reasonably commensurate with
    
    modern medical science and of a quality acceptable within prudent
    
    professional standards."      United States v. Derbes, 369 F.3d 579,
    
    583 (1st Cir. 2004) (quoting United States v. DeCologero, 821 F.2d
    
    39, 43 (1st Cir. 1987)).      Moreover, "[t]he law is clear that where
    
    two alternative courses of medical treatment exist, and both
    
    alleviate   negative   effects    within   the   boundaries    of   modern
    
    medicine, it is not the place of our court to 'second guess medical
    
    judgments'. . . ."     Kosilek, 774 F.3d at 90 (quoting Layne v.
    
    Vinzant, 657 F.2d 468, 474 (1st Cir. 1981)); see also Ruiz Rosa v.
    
    Rullán, 485 F.3d 150, 156 (1st Cir. 2007) (disagreement between
    
    two medical professionals regarding the proper course of treatment
    
    will generally be insufficient to establish an Eighth Amendment
    
    violation).
    
                Even   assuming    Snell's     various   knee,     back,   and
    
    respiratory ailments were objectively serious to a layperson, let
    
    alone to a doctor, there is still no genuine issue of material
    
    fact that the defendants violated the Eighth Amendment by providing
    
    inadequate care, which, as Snell claims, "subject[ed] him to the
    
    pain and danger of being forced to climb stairs to reach the
    
    second-floor law library."
    
    
                                      - 44 -
                Focusing on Dr. Ruze for our objective prong analysis,
    
    the record indicates that her decision to withhold the no-stairs
    
    restriction scales along with the accepted medical touchstones of
    
    the time, see Kosilek, 774 F.3d at 90, especially considering she
    
    also provided Snell with a range of other therapies to alleviate
    
    his pains, including knee sleeves, bottom bunk restrictions, a
    
    cane for walking, and a back brace, among other treatments which
    
    the DOC defendants ensured Snell obtained.28     Dr. Ira K. Evans,
    
    III, a physician expert retained by Dr. Ruze once Snell filed suit,
    
    as well as several other health professionals who evaluated Snell
    
    from 2010-2017, also opined Snell could have (and should have)
    
    walked stairs to improve his health.    At the very least, Snell did
    
    not receive care far outside the scope of acceptable medical
    
    practice.   See id. at 82; cf. Callahan v. Poppell, 471 F.3d 1155,
    
    1159 (10th Cir. 2006) (no deliberate indifference where evidence
    
    "indicate[d] that the medical staff believed that the greater
    
    threat to [prisoner plaintiff] arose from his use of a wheelchair,
    
    
    
    
         28  Because the DOC defendants deferred to Dr. Ruze's and
    other medical providers' judgments regarding inmates' proper
    medical care, see 103 DOC 408.07(7), we can analyze the adequacy
    of the care provided by all defendants by looking at Dr. Ruze's
    decisions, see Hayes v. Snyder, 546 F.3d 516, 527 (7th Cir. 2008)
    ("The policy supporting the presumption that non-medical officials
    are entitled to defer to the professional judgment of the
    facility's medical officials on questions of prisoners' medical
    care is a sound one.").
    
    
                                   - 45 -
    because continued use of the wheelchair would result in muscle
    
    atrophy and imperil his ability to walk.").
    
               But wait, says Snell, Dr. Churchville and an expert
    
    retained by Snell for trial, Dr. Michael G. Kennedy, MD., C.C.,
    
    F.R.G.S. (C), disagreed with Dr. Ruze, her expert, and the other
    
    medical professionals about Snell's proper medical treatment.
    
    And, in Snell's telling, the competing expert opinions create, at
    
    minimum, a genuine issue of material fact that he suffers from a
    
    serious medical need.        No disputing Dr. Churchville provided a no-
    
    stairs restriction in November 2018, but, remember, this was three
    
    years   after    the   DOC    defendants        stopped    Snell's     first-floor
    
    Terminal use and more than two years after Dr. Ruze's June 23,
    
    2016 note confirming Snell could climb stairs.                 In addition to Dr.
    
    Churchville,     Snell's     expert,    Dr.     Kennedy,    also   thought   Snell
    
    deserved   a    no-stairs    restriction        in   October    2015   because   he
    
    "should, at all cost, [have] avoid[ed] climbing up and down stairs"
    
    due to his problematic knees and back.                     But both events are
    
    inconsequential since we have already assumed Snell suffered a
    
    serious medical need in 2015.            Our task, then, is to scrutinize
    
    the record to see if evidence shows Snell received inadequate care
    
    during the relevant time frame.
    
               To remind, where medical experts do not contend the care
    
    provided fell outside of the bounds of acceptable medical practice,
    
    disagreement among the experts over the proper course of care does
    
    
                                           - 46 -
    not help Snell.     See Kosilek, 774 F.3d at 90.        Although Snell's
    
    expert report summarized the various procedures and treatments
    
    Snell received over the years, it said nary a peep about whether,
    
    in his opinion and to a reasonable degree of medical certainty,
    
    the care provided to Snell fell below the proper standard of care.
    
    Same goes for Dr. Churchville who likewise during his deposition
    
    never claimed or hinted that the defendants provided Snell with
    
    inadequate care.    Both doctors are permitted to have a differing
    
    medical opinion than Dr. Ruze and her expert regarding the health
    
    impact of stair climbing but such does not make for an Eighth
    
    Amendment violation. See Ruiz-Rosa, 485 F.3d at 156 ("disagreement
    
    as   to   the   appropriate   course   of   [medical]    treatment   [is]
    
    insufficient" for an inmate "to prove a constitutional violation"
    
    of his Eighth Amendment rights).          As such, the record fails to
    
    show Snell received inadequate care to satisfy the objective prong.
    
                         ii. Deliberate Indifference
    
               For the sake of completeness though, we'll continue
    
    along the tiered levels by assuming there is a genuine issue of
    
    material fact regarding the objective prong and by turning to
    
    assess the subjective element.
    
               Deliberate indifference appears when defendants had a
    
    "sufficiently culpable state of mind" by ignoring (or worsening)
    
    the inmate's serious medical need.           Farmer, 511 U.S. at 834
    
    (quoting Wilson v. Seiter, 501 U.S. 294, 297 (1991)).         Deliberate
    
    
                                     - 47 -
    indifference is therefore more than negligence, or the "ordinary
    
    lack of due care for the prisoner's interests or safety," yet it
    
    need not be intentional harm.          Id. at 835 (quoting Whitley v.
    
    Albers, 475 U.S. 312, 319 (1986)).        The defendants must have known
    
    of the risk of harm to the plaintiff and disregarded it.                    See
    
    Nunes, 766 F.3d at 142.           Deliberate indifference consequently
    
    occupies a "narrow band of conduct" that is "so inadequate as to
    
    shock the conscience."   Feeney v. Corr. Med. Servs. Inc., 464 F.3d
    
    158, 162 (1st Cir. 2006) (citation omitted).            Needless to say, if
    
    defendants acted reasonably in light of the inmate's serious
    
    medical need, including by refusing an accommodation for safety or
    
    institutional    concerns,   we    will   not    decide    they   acted   with
    
    deliberate indifference in violation of the Eighth Amendment, even
    
    if the defendants' actions resulted in an inmate's discomfort from
    
    trekking to the second-floor library.            See Farmer, 511 U.S. at
    
    844; Kosilek, 774 F.3d at 91-92 (reasoned choice of medical
    
    treatment among competing options rarely constitutes deliberate
    
    indifference);   Callahan,   471     F.3d   at   1160     (collecting     cases
    
    explaining defendants have no right under the Eighth Amendment "to
    
    a particular course of treatment").
    
                                  a. Dr. Ruze
    
              For the reasons stated above, Dr. Ruze crafted the
    
    strategy to handle Snell's ailments based on a reasoned medical
    
    decision, which makes it difficult, to say the least, for Snell to
    
    
                                       - 48 -
    show deliberate indifference, even though he contends that had he
    
    "had an actual medical need for a no-stairs restriction," it "would
    
    support   an   inference   that   Dr.      Ruze   acted   with    deliberate
    
    indifference" by continuing his no-stairs restriction in June 2016
    
    "without examining or consulting" Snell.           Dr. Ruze may not have
    
    provided Snell with the type of care he desired or (viewing the
    
    evidence in the light most favorable to Snell) he needed, but that
    
    does not ring of an Eighth Amendment violation.           See Estelle, 429
    
    U.S. at 105-06 ("[A] complaint that a physician has been negligent
    
    in diagnosing or treating a medical condition does not state a
    
    valid claim of medical mistreatment under the Eighth Amendment.").
    
                               b. DOC Defendants
    
              As for the DOC defendants, we similarly conclude that
    
    the record here yields no genuine issue of material fact which
    
    would support a finding of deliberate indifference.              Although the
    
    DOC   defendants   could   have    independently     granted      Snell   the
    
    accommodation he sought for first-floor Terminal access, see 103
    
    DOC 408.07, they had no reason to expect Snell needed it given
    
    their justifiable reliance on the medical opinions of Dr. Ruze and
    
    other health care professionals who treated Snell, see Matthews v.
    
    Pa. Dept. of Corr., 613 F. App'x 163, 170 (3d Cir. 2015) ("[N]on-
    
    medical prison officials are generally justified in relying on the
    
    expertise and care of prison medical providers.           Absent a reason
    
    to believe (or actual knowledge) that prison doctors or their
    
    
                                      - 49 -
    assistants are mistreating (or not treating) a prisoner, a non-
    
    medical prison official . . . will not be chargeable with the
    
    Eighth Amendment scienter requirement of deliberate indifference."
    
    (ellipsis in original) (internal citation and quotation marks
    
    omitted) (quoting Spruill v. Gillis, 372 F.3d 218, 236 (3d Cir.
    
    2004))).
    
               Even   putting    aside     their   reasoned     reliance   on    the
    
    opinions of medical professionals like Dr. Ruze, Snell had walked
    
    up and down stairs (even if with a cane in hand and even if with
    
    some difficulty)29 in other parts of the prison throughout his
    
    confinement, denting Snell's argument that the DOC defendants
    
    callously disregarded the risk he would suffer a more severe injury
    
    without the accommodation.           The DOC defendants, as the record
    
    reflects, thus reasonably believed Snell could traverse stairs to
    
    the   second-floor    law    library    without    suffering      serious    or
    
    irreparable   harm.    See    Kosilek,    774   F.3d   at    92   (finding    no
    
    deliberate indifference where decision fell "within the realm of
    
    reason and made in good faith") (quoting Battista v. Clarke, 645
    
    F.3d 449, 454 (1st Cir. 2011)).
    
               We thus affirm the grant of summary judgment on the
    
    Eighth Amendment claims.      See Nunes, 766 F.3d at 142.
    
    
    
    
          29 Forget not his job in the second-floor law library from
    2011 to 2012.
    
    
                                      - 50 -
              E. Reasonably Accommodating a Love for Litigation
    
                Relying       upon     the     ADA,   42   U.S.C.   § 12132,      the
    
    Rehabilitation Act of 1973, 29 U.S.C. § 794, and art. 114 of the
    
    Massachusetts Declaration of Rights,30 Snell proclaims that the DOC
    
    defendants discriminated against him on account of his disability
    
    by denying him a reasonable accommodation to research legal matters
    
    through the Terminal.31          More specifically, Snell asserts we must
    
    find the DOC defendants to have violated the anti-discrimination
    
    laws if they knew Snell could not climb the stairs to access legal
    
    materials available to the general prison population without a
    
    significant risk to his health.              Because all three statutes upon
    
    which     Snell   rests     this    claim     prohibit   the    same   type   of
    
    discrimination, we can analyze them simultaneously through the
    
    rubric of the ADA.        See Nunes, 766 F.3d at 144 (analyzing ADA and
    
    
    
         30 The DOC defendants contradict themselves about whether the
    district court had jurisdiction to hear Snell's state law claim.
    At first, their brief states that "[t]he district court had
    supplemental jurisdiction over plaintiff's [art.] 114 claim as it
    arose from the same set of facts as plaintiff’s federal claims.
    See[] 28 U.S.C. § 1367." Then, they argue Massachusetts "G.L. c.
    93, § 103, which affords a right of action to adjudicate claims
    under [art.] 114, vests exclusive jurisdiction in the superior
    court, and therefore, Snell's claims must be dismissed." The DOC
    defendants had it right the first time.
         31  Although the DOC defendants urge us to affirm summary
    judgment on Snell's claim pursuant to Massachusetts General Laws
    ch. 151B, § 1, which protects employees, not inmates, from
    discrimination, Snell has not raised this statute on appeal, and
    it is unclear whether his complaint even alleged a violation of
    that statute. We therefore need not address it.
    
    
                                             - 51 -
    Rehabilitation Act claims together); Shedlock v. Dept. of Corr.,
    
    818 N.E.2d 1022, 1032 (Mass. 2004) ("The ADA, the [Rehabilitation
    
    Act], and art. 114 all prohibit the same conduct:     disabled persons
    
    may not be excluded from participation in or be denied the benefits
    
    of services, programs, or activities, and they may not be subjected
    
    to discrimination." (citations omitted)).
    
              Title II of the ADA requires public entities, including
    
    prisons and their officials, see Pa. Dept. of Corr. v. Yeskey, 524
    
    U.S. 206, 210 (1998), to provide "meaningful access" to programs,
    
    such as law libraries, by taking reasonable steps to overcome
    
    barriers, like stairs, which impede access to those programs for
    
    inmates with disabilities, Theriault v. Flynn, 162 F.3d 46, 48
    
    (1st Cir. 1998) (quoting Alexander v. Choate, 469 U.S. 287, 301
    
    (1985)); see also Tennessee v. Lane, 541 U.S. 509, 531 (2004)
    
    (determining Title II "applies to the class of cases implicating
    
    accessibility to judicial services").         As previously detailed,
    
    MCI-Concord created a reasonable accommodation by establishing the
    
    first-floor      Terminal   for   inmates   with   documented   medical
    
    restrictions who could not traverse the stairs to the second-floor
    
    law library.32     The question, then, is whether there is a genuine
    
    
         32  "The regulations under the relevant portion of the ADA
    refer to 'reasonable modification,' 28 C.F.R. § 35.130(b)(7),
    while the coordinating regulations under the Rehabilitation Act
    use the term 'reasonable accommodation,' 28 C.F.R. § 41.53, but
    there is no material difference between the terms." Nunes, 766
    F.3d at 145 n.6.
    
    
                                      - 52 -
    issue of material fact that the DOC defendants violated the ADA
    
    and its implementing regulations by keeping Snell from using said
    
    accommodation.33 And the answer, once more, turns upon the reasoned
    
    medical decisions upon which the DOC defendants relied.
    
                 We   start   by   asking   whether   the   record   reflects
    
    sufficient evidence to create a genuine issue of material fact
    
    that:     (1) Snell "is a qualified individual with a disability; (2)
    
    . . . he was either excluded from participation in, or denied the
    
    benefits of a public entity's services, programs, or activities or
    
    was otherwise discriminated against; and (3) . . . such exclusion,
    
    denial of benefits, or discrimination was by reason of [his]
    
    disability."34     Kiman v. N.H. Dept. of Corr., 451 F.3d 274, 283
    
    
    
    
         33   "Because Congress explicitly authorized the Attorney
    General to promulgate regulations under the ADA, see 42 U.S.C.
    § 12134(a), the regulations 'must [be given] legislative and hence
    controlling weight unless they are arbitrary, capricious, or
    plainly contrary to the statute.'" Parker v. Univ. de P.R., 225
    F.3d 1, 5 n.5 (1st Cir. 2000) (alterations in original) (quoting
    United States v. Morton, 467 U.S. 822, 834 (1984)). Snell makes
    no claim that the regulations are invalid.
         34 Title II of the ADA states: "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 entity." 42 U.S.C. § 12132.
         The Rehabilitation Act of 1973 similarly 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).
    
    
                                      - 53 -
    (1st Cir. 2006) (internal quotation marks omitted) (quoting Parker
    
    v. Universidad de P.R., 225 F.3d 1, 5 (1st Cir. 2000)).35
    
    
    
    
         Art. 114 of the Massachusetts Declaration of Rights
    declares: "No otherwise qualified handicapped individual shall,
    solely by reason of his handicap, be excluded from the
    participation in, denied the benefits of, or be subject to
    discrimination under any program or activity within the
    commonwealth."
         35  Courts recognize three types of discrimination prohibited
    by the ADA: (1) disparate treatment, which arises out of the
    actor's prejudice; (2) disparate impact, which results from a
    facially neutral policy that causes a group, such as inmates with
    disabilities, to lose access to a program or right available to
    another group without a justifiable excuse for the difference; and
    (3) denial of a reasonable accommodation the plaintiff needed to
    meaningfully access a public service. See Nunes, 766 F.3d at 144-
    45. Unlike the first two categories of discrimination, a plaintiff
    does not need to demonstrate discriminatory animus for a reasonable
    accommodation claim, which is the type raised by Snell. See Enica,
    544 F.3d at 339.
         Snell stresses that we must reverse the grant of summary
    judgment because the district court mistakenly analyzed his Title
    II ADA reasonable accommodation claim as one requiring him to show
    the defendants' decisions "were based on any discriminatory
    animus." Snell, 2019 WL 4303264, at *7. But Snell mistakes the
    district court's reasoning, even if the district court could have
    avoided some confusion by choosing a word other than "animus."
    The third prong of an ADA Title II reasonable accommodation claim
    mandates that plaintiffs explain how the decision to deny a
    reasonable accommodation was discriminatory, even if the actors
    denying the accommodation did not have any intent to discriminate.
    See Kiman, 451 F.3d at 285. Without discrimination, there would
    be no ADA claim. The district court thus commented about animus
    only so far as to analyze whether the exclusion qualified as
    discriminatory, using the term when discussing the medical
    recommendations upon which the prison officials relied and whether
    the prison officials excluded Snell from accessing legal materials
    based on his disability. See Snell, 2019 WL 4303264, at *7. The
    district court did not improperly require Snell to demonstrate
    that the DOC defendants intended to discriminate against Snell.
    
    
                                  - 54 -
                   Viewing the evidence in the light most favorable to
    
    Snell, we assume he is a qualified individual with a disability
    
    under the ADA given his various back, knee, and respiratory
    
    problems.           See     42    U.S.C.      § 12131(2);          see    also    28    C.F.R.
    
    § 35.108(a)(1)(i), (c)(1)(i) (disability means "[a] physical or
    
    mental impairment that substantially limits one or more of the
    
    major life activities" including "walking").                              Further, the DOC
    
    defendants revoked Snell's access to the first-floor Terminal in
    
    October    2015,      which        we    assume      satisfies          the   second    prong,
    
    exclusion.
    
                   We   thus        turn    to   the    third       prong    (whether      the   DOC
    
    defendants excluded Snell on account of his disability).                                Unless
    
    the evidence shows that the DOC defendants' decisions regarding
    
    the    reasonable          accommodation           were     "so    unreasonable         as    to
    
    demonstrate that they were discriminating against [Snell] because
    
    of his disability," we will hesitate to overturn the district
    
    court's summary judgment decision.                       Kiman, 451 F.3d at 285.
    
                   Even examining the evidence in the light most favorable
    
    to    Snell,    the       DOC    defendants        did    not     "exclude[      Snell]      from
    
    participation," 28 C.F.R. § 35.149, in the law library "by reason
    
    of his disability," 42 U.S.C. § 12132.                      In October 2015, Snell did
    
    not have a medical restriction justifying his use of the first-
    
    floor Terminal.             The DOC defendants admitted they would have
    
    allowed Snell to access the Terminal had Dr. Ruze, or any other
    
    
                                                 - 55 -
    medical provider, written Snell a no-stairs restriction.              Until
    
    November 2018, no doctor ever felt such a restriction was called
    
    for, at which point the DOC defendants transferred Snell to an
    
    accessible prison.      By the Department of Correction's regulations,
    
    the DOC defendants generally deferred to medical personnel on
    
    medical questions such as whether Snell could (or should) climb
    
    stairs, see 103 DOC 408.07, a reasonable decision to which we grant
    
    deference, cf. Pollack v. Reg. Sch. Unit 75, 886 F.3d 75, 81 (1st
    
    Cir. 2018) (granting deference to federal regulations implementing
    
    the ADA); see also Matthews, 613 F. App'x at 170 (prison officials
    
    may reasonably rely upon medical personnel when treating inmates).
    
               Even putting aside the reasonable reliance upon medical
    
    advice, the record reflects only that the DOC defendants kept Snell
    
    away from the first-floor legal resources because they believed he
    
    could get to the second-floor library.            Snell may have had an
    
    indefinite bottom tier restriction, but even prisoners on the
    
    bottom tier would navigate stairs from time to time. Snell himself
    
    climbed stairs to and from the law library for years, even while
    
    he claimed to have the 1998 indefinite bottom tier restriction
    
    exempting him from such an arduous feat.            Although a layperson
    
    could look at Snell and, given his use of a cane, suspect he might
    
    have some difficulty traversing stairs, see Shedlock, 818 N.E.2d
    
    at 1030-31 (describing cane use as indicative of difficulty with
    
    stairs),   and   even    acknowledging     that   forcing   an   inmate   to
    
    
                                      - 56 -
    experience pain to access the law library could constitute an ADA
    
    violation, see Matthews, 613 F. App'x at 169; Anderson v. Bickell,
    
    754 F. App'x 113, 118 (3d Cir. 2018), it does not necessarily
    
    follow that the DOC defendants had to immediately jump to provide
    
    Snell with an accommodation to access the first-floor Terminal
    
    given the contrary medical evidence suggesting otherwise, see
    
    Kiman, 451 F.3d at 285-86 (officials could deny cane to inmate
    
    with ALS in certain circumstances); Hockaday v. Colo. Dept. of
    
    Corr.,   766   F.   App'x    572,   575   (10th   Cir.   2019)   (noting   "ADA
    
    prohibits discrimination because of disability, not inadequate
    
    treatment for disability" (quoting Simmons v. Navajo Cnty., 609
    
    F.3d 1011, 1022 (9th Cir. 2010), overruled on other grounds by
    
    Castro v. Cnty. of L.A., 833 F.3d 1060, 1071 (9th Cir. 2016))).
    
                The DOC defendants also had interests in "maintaining
    
    security and order" within the institution when they determined
    
    whether providing the accommodation to Snell would have been
    
    reasonable, and we will defer to such rationales.            Pierce v. Cnty.
    
    of Orange, 526 F.3d 1190, 1217 (9th Cir. 2008) (quoting Bell v.
    
    Wolfish, 441 U.S. 520, 540 n.23 (1979)).            For security purposes,
    
    the   DOC   defendants      refused   accommodations     which   appeared    to
    
    preference one inmate over others, such as allowing Snell access
    
    to the first-floor Terminal without a no-stairs restriction when
    
    all other would-be users would need to prove that they required an
    
    accommodation.
    
    
                                          - 57 -
              In the DOC defendants' reasonable interpretation of
    
    Snell's medical needs and the institution's security needs, Snell
    
    would not significantly risk his health by climbing stairs despite
    
    his injuries and maladies, and the prison would suffer less
    
    potential institutional unrest if the DOC defendants required
    
    Snell to so navigate.       Notwithstanding that Snell paints his
    
    arguments as regarding a reasonable accommodation, at heart he
    
    challenges   the   DOC   defendants'     reasonable   reliance   on   his
    
    physicians' "reasoned medical judgment," decisions with which
    
    Snell disagreed.    Kiman, 451 F.3d at 285 (quoting Lesley v. Hee
    
    Man Chie, 250 F.3d 47, 58 (1st Cir. 2001)).           As such, Snell's
    
    litigious path has taken him astray.         We find no error in the
    
    district court's rulings.
    
                                  Conclusion
    
              For the foregoing reasons, the district court's grant of
    
    summary judgment to the defendants on all counts is affirmed. Each
    
    party to bear its own costs.
    
    
    
    
                                    - 58 -