United States Ninth Circuit

In this case in which plaintiff alleges that defendant parole officers transferred plaintiff from his apartment to motels which did not accommodate his disabilities, the district court's order dismissing as time-barred plaintiff’s claims under Title II of the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act, and 42 U.S.C. section 1983, is reversed, where: 1) with respect to plaintiff's Title II claim, the district court was required to borrow the three-year limitations period applicable to claims under California Government Code section 11135, rather than the limitations period applicable to personal injury claims in California; 2) under the three-year limitations period, plaintiff’s ADA claim was not time-barred; and 3) as to the remaining claims, the district court abused its discretion in dismissing the pro se claims with prejudice without explanation.

Appellate Information

• Decided 02/10/2015
• Published 02/10/2015

Judges

• Reinhardt

Court

• United States Ninth Circuit

Counsel