Cook v. George's, Inc., No. 18-3294 (8th Cir. 2020)
Annotate this CaseThe Eighth Circuit reversed the district court's grant of defendant's motion to dismiss plaintiff's action alleging a claim under the Americans with Disabilities Act (ADA). The court held that the district court erred by dismissing plaintiff's claim where plaintiff's allegations were sufficient to state a claim based on the statutory elements of the ADA. In this case, plaintiff has plausibly alleged that defendant refused to consider rehiring him because of his disability. The court also held that plaintiff's request for leave to amend was not futile and should have been granted.
Court Description: [Melloy, Author, with Kelly and Stras, Circuit Judges] Civil case - Employment discrimination. The district court erred in dismissing plaintiff's ADA claims for failure to make a prima facie case; the allegations in plaintiff's complaint were sufficient to state a claim based on the statutory elements of an ADA claim, as plaintiff plausibly alleged defendant refused to consider rehiring him because of his disability; plaintiff's request to amend his complaint was not futile and should have been granted; remanded for further proceedings. Judge Stras, dissenting.
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