Hillesheim v. Holiday Stationstores, Inc., No. 19-1026 (8th Cir. 2020)
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Within two months after plaintiff filed suit against Holiday seeking declaratory and injunctive relief for violations of Title III of the Americans with Disabilities Act, Holiday remedied the violations. Three months later, plaintiff filed an amended complaint.
The Eighth Circuit affirmed the district court's grant of summary judgment in favor of Holiday, holding that the post-suit alterations mooted plaintiff's accessibility claims. Furthermore, because there was no fair notice of the flared-sides issue, the disputed measurements are not a genuine issue of material fact. The court also held that the district court correctly ruled that nominal damages are not available under Title III of the ADA, and that requesting them does not affect mootness.
Court Description: [Benton, Author, with Loken and Kelly, Circuit Judges] Civil case - Americans with Disabilities Act. Defendant's actions in modifying the accessibility issues raised in plaintiff's complaint mooted the matter; argument that there were still two non-complaint slope measurements on the flared sides of a curb ramp had not been pled in the complaint and did not save the matter from mootness; nominal damages are not available under Title III of the ADA and requesting them does not affect the conclusion regarding mootness.
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