United States Second Circuit

In an employment discrimination action brought under the Americans with Disabilities Act and the Rehabilitation act, district court judgment granting the defendants' motion to dismiss the plaintiff's pro se amended complaint is affirmed where: 1) the district court erred in concluding that claims under Title II of the ADA and the Rehabilitation Act cannot be asserted against individuals in their official capacity; 2) plaintiff's amended complaint fails to state reasonable accommodation claims upon which relief can be granted, as both of his claims are legally insufficient; and 3) plaintiff's due process rights were not violated, as he was given notice and an opportunity to be heard before his petition for reinstatement was denied, and a New York Civil Practice Law and Rules Article 78 post-deprivation hearing.

Appellate Information

• Decided 07/09/2009
• Published 07/09/2009

Judges

• SACK, Circuit Judge:, Before:  SACK and PARKER, Circuit Judges, and COTE, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Douglas G. Wadler (Kenneth Joel Haber, of counsel), Law Office of Kenneth Joel Haber, P.C., Rockville, MD, for Appellant.


• For Appellees:
  
• Marion R. Buchbinder, Assistant Solicitor General (Barbara D. Underwood, Solicitor General, Michael S. Belohlavek, Senior Counsel, Andrew M. Cuomo, Attorney General of the State of New York, of counsel), New York, NY, for Appellees.