United States Ninth Circuit

In an action by a former employee of California Department of Transportation, brought after defendants determined her psychological disorders made her unfit for reinstatement from disability retirement to active service, alleging that this decision deprived her of her right to a reasonable accommodation under the Americans with Disabilities Act (ADA), 42 U.S.C. sections 12111-12117, and to the equal protection of the laws under the Fourteenth Amendment, district court's Rule 12(b)(6) dismissal of complaint for failure to state a claim on which relief might be granted is affirmed where: 1) Congress's inclusion of a comprehensive remedial scheme in Title I of the ADA precludes section 1983 claims predicated on alleged violations of ADA Title I substantive rights; and 2) plaintiff's allegations of fact do not state a claim under the Equal Protection Clause.

Appellate Information

• Decided 06/12/2012
• Published 06/12/2012

Judges

• Clifton

Court

• United States Ninth Circuit

Counsel