Silberman v. Miami Dade Transit, No. 17-15092 (11th Cir. 2019)Annotate this Case
Plaintiff filed a pro se action against MDT under Title II of the Americans with Disabilities Act (ADA) and section 504 of the Rehabilitation Act. The district court concluded that MDT could not be sued in Florida and offered to allow plaintiff to amend his complaint to substitute the County in MDT's place, but plaintiff declined.
The Eleventh Circuit held that MDT was the wrong party and the court could not now sub in the County on appeal. The court held that any further amendment of the complaint would be futile because plaintiff did not otherwise state a claim. Accordingly, the court affirmed the district court's dismissal.