United States Ninth Circuit

Summary judgment in favor of defendant-health care providers in an action alleging that defendants violated the Rehabilitation Act and the Americans with Disabilities Act (ADA) by failing to communicate effectively with a person who was deaf, is: 1) vacated in part and remanded with instruction to dismiss the claims for injunctive relief under the ADA, where plaintiff lacked standing to bring these claims because he did not show a real and immediate threat that he would be denied effective communication by the defendants, either as a patient in his own right or as a companion to another patient; and 2) reversed in part, where the district court erred in concluding that the plaintiff's claims under section 504 of the Rehabilitation Act, brought individually and on behalf of his wife's estate, were untimely under Nevada's two-year statute of limitations for personal injuries.

Appellate Information

• Decided 05/29/2014
• Published 05/29/2014

Judges

• O’SCANNLAIN

Court

• United States Ninth Circuit

Counsel