Plaintiff, appearing pro se, appeals
1
the district court’s decision granting
*366
defendants summary judgment on his claims asserted under 42 U.S.C. § 1983, the Rehabilitation Act, see 29 U.S.C. § 794, and the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213(ADA).
2
This court reviews a summary judgment decision de novo, viewing the record in the light most favorable to the nonmoving party.
Carl v. City of Overland Park,
I. SECTION 1983 CLAIMS
Under § 1983, plaintiff asserted claims alleging that defendants were deliberately indifferent to his serious medical needs, contrary to the Eighth Amendment, and that defendants denied him necessary medical treatment, in violation of the Fourteenth Amendment. These claims stem from the refusal of Colorado Department of Corrections’ officials to provide plaintiff with surgery for a leg injury suffered in a car accident occurring prior to his incarceration, and for the denial of, or the delay in providing, diagnostic evaluation and treatment for this injury.
The district court did not err in granting defendants summary judgment, based upon Eleventh Amendment sovereign immunity grounds, on the § 1983 claims plaintiff asserted against defendants, hr their official capacity, for money damages and a declaratory judgment.
E.g., Johns v. Stewart,
The district court also did not err in awarding defendants summary judgment on plaintiffs § 1983 claims asserted against defendants in their individual capacity. Although the record contains the recommendation of several doctors that surgery might help alleviate problems with his left leg, the medical evidence is uneontroverted that a one- or two-year delay in having the surgery, until plaintiffs release from prison, would not cause further damage to plaintiffs leg.
Olson v. Stotts,
Further, plaintiffs allegations of the denial of, or delay in providing, diagnostic evaluation and other means of treatment for his leg injury implicate only defendants’ negligence and do not establish the more culpable state of mind necessary to support claims of the denial of a constitutional right.
E.g., Farmer v. Brennan,
— U.S. —, —,
II. REHABILITATION ACT AND ADA CLAIMS
Plaintiffs allegations that the defendant state’s denial of his surgery violated the Rehabilitation Act and Title II of the ADA
5
fail to state viable claims for relief. Plaintiff also alleges that the state violated these statutes by denying him prison employment opportunities because of his disability. The Rehabilitation Act, however, does not apply to issues of prison employment.
Williams v. Meese,
For all of the above reasons, the district court did not err in denying plaintiffs motion for a temporary restraining order or preliminary injunction. The judgment of the United States District Court for the District of Colorado is, therefore, AFFIRMED. Plaintiffs request of this court for a temporary restraining order and a preliminary injunction is DENIED.
Notes
. After examining the briefs and appellate record, this panel has determined unanimously that *366 oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.
. On appeal, plaintiff does not pursue his claims separately asserted under Title VI of the Civil Rights Act, 42 U.S.C. §§ 2000d-2000d-7.
. This court cannot consider exhibits, attached to plaintiff's briefs, that were not submitted to the district court.
John Hancock Mut. Life Ins. Co. v. Weisman,
. We need not consider plaintiff's argument, asserted for the first time in his appellate reply brief, that the district court did not provide the requisite de novo review of the magistrate judge's report and recommendation.
Codner v. United States,
. In his complaint, plaintiff alleged only violations of Title II of the ADA. Nonetheless, in his responses to defendants’ summary judgment pleadings, plaintiff also asserted violations of Titles I (addressing private employers) and III (addressing public accommodations operated by private entities). We agree with the district court that the ADA’s Title II, prohibiting discrimination in the distribution of public services, is the only title that plaintiff's allegations arguably implicate.
