I looked into his eyes and felt he was being mislabeled so we gave him a chance. 4 months home now and, except for the first day home, not a single mistake using the box. He does like to bounce between two of them but nary a mistake. He also gets along famously with a younger kitty, his sister.
He's the most gentle cat you have ever met and has absolutely no guile. He just wants to purr, chase his sister and eat. We think he may have a congenital hip issue because he sort of walks a tad funny but the vets are on top of it and he's not in any pain nor would you notice there was a problem the way he runs and jumps.
If you see a "problem" cat at the shelter, think twice before taking their comments as gospel and missing out on a good friend.