United States Ninth Circuit

Factual issues as to whether appellant had dyslexia and whether his ability to learn was substantially limited made summary judgment for defendant improper in a Rehabilitation Act (RA) claim for denial of vocational rehabilitation services; 42 U.S.C. section 1983 claim against an state official based on alleged ADA and RA violations was inappropriate.

Appellate Information

• Argued 11/02/2001
• Decided 05/03/2002
• Published 05/03/2002

Judges

• DAVID R. THOMPSON, Circuit Judge., Before: THOMPSON, O'SCANNLAIN, and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael K. Livingston, Honolulu, HI, for the plaintiff-appellant., Seth M. Galanter, United States Department of Justice, Washington, DC, for intervenor United States of America.


• For Appellees:
  
• J. Gerard Lam, Deputy Attorney General, Honolulu, HI, and Michael W. Kirk, Washington, DC, for defendants-appellees Department of Labor and Industrial Relations, State of Hawaii and Alice Thomas.