Okwu v. McKim, et al., No. 11-15369 (9th Cir. 2012)
Annotate this CasePlaintiff alleged that defendants' determination, that plaintiff's psychological disorder made her unfit for reinstatement from disability retirement to active service with the Caltrans, deprived her of her right to a reasonable accommodation under the Americans with Disabilities Act (ADA), 42 U.S.C. 12111-12117. At issue was whether a state employee could sue state officers under 42 U.S.C. 1983 for alleged violations of Title I of the ADA. The court concluded that Congress' inclusion of a comprehensive remedial scheme in Title I precluded section 1983 claims predicated on alleged violations of the ADA Title I substantive rights. The court also concluded that plaintiff's allegations of fact did not state a claim under the Equal Protection Clause.
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