Sharkey v. O'Neal, No. 11-15619 (9th Cir. 2015)
Annotate this CasePlaintiff, a 55-year-old-man with disabilities that require him to use a wheelchair and two canes, filed suit against defendants, alleging that his new parole terms, including a housing restriction imposed under the California Sexual Predator and Control Act that required plaintiff to move from his residence, violated the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq.; Title VII of the Civil Rights Act, 42 U.S.C. 2000e et seq.; and 42 U.S.C. 1983. Plaintiff claimed that defendants' decision to require him to live in motels that did not have accommodations for his disabilities caused him pain and stress, exacerbated his medical conditions, and deprived him of access to important medical treatments. The district court concluded that plaintiff's claims were time-barred under California's two-year statute of limitations for personal injury claims. The court held, however, that the district court did not apply the correct statute of limitations standards with respect to the Title II and ADA claims; the district court must borrow the three-year limitations period applicable to claims under California Government Code 11135; under the three-year limitations period, plaintiff's ADA claim is not time-barred; and, although plaintiff does not contest the applicable limitations periods as to his other claims, the court held that the district court abused its discretion in dismissing the complaint with prejudice without allowing plaintiff leave to amend. Accordingly, reversed and remanded.
Court Description: Americans with Disabilities Act/Civil Rights. The panel reversed the district court’s order dismissing as time-barred plaintiff’s claims under Title II of the Americans with Disabilities Act, Title VII of the Civil Rights Act, and 42 U.S.C. § 1983. The district judge applied California’s two-year statute of limitations for personal injury claims to plaintiff’s claims against his parole officers, which alleged that defendants transferred plaintiff from his apartment to motels which did not accommodate his disabilities. The panel held that with respect to plaintiff’s claim under Title II of the Americans with Disabilities Act, the district court was required to borrow the three-year limitations period applicable to claims under California Government Code § 11135, rather than the limitations period applicable to personal injury claims in California. Under this three-year limitations period, plaintiff’s Americans with Disabilities Act claim was not time-barred. With respect to plaintiff’s remaining claims, the panel held that the district court abused its discretion in dismissing the pro se claims with prejudice without explanation. The panel remanded for an application of the factors set forth in Foman v. Davis, 371 U.S. 178, 182 (1962), and the presumption in favor of granting leave to amend with respect to all claims other than plaintiff’s Americans with Disabilities Act claim. SHARKEY V. O’NEAL 3
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