United States Ninth Circuit

In an action under the Americans with Disabilities Act alleging that the defendant's grocery store failed to accommodate plaintiff's disability, 42 U.S.C. sections 12101 12213, summary judgment in favor of defendant is affirmed where: 1) the district court correctly interpreted FRCP 8 as precluding consideration of certain structural barriers at defendant's store plaintiff failed to plead in his complaint; 2) an architectural feature that is inconsistent with California's Manual on Uniform Traffic Control Devices is not a per se violation of the ADA; and 3) the court correctly declined to exercise supplemental jurisdiction over plaintiff's state law claims.

Appellate Information

• Decided 08/17/2011
• Published 08/17/2011

Judges

• IKUTA

Court

• United States Ninth Circuit

Counsel