United States Ninth Circuit

Summary judgment for defendants in an action brought by plaintiff-prisoner, alleging that defendants violated the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 (RA) by failing to reasonably accommodate his disability at a prison job, is: 1) affirmed in part, where plaintiff's claims against the private company contracting with the Arizona Correctional Industries were properly dismissed because plaintiff did not have an employment relationship with the private company contractor within the meaning of the ADA, and the private company did not receive federal financial assistance, so it was not subject to the RA; but 2) reversed in part and remanded, as to the state defendants, where those defendants could be held liable for acts of disability discrimination committed by its contractor.

Appellate Information

• Decided 09/24/2013
• Published 09/24/2013

Judges

• SMITH

Court

• United States Ninth Circuit

Counsel