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Communities Actively Living Independent and Free et al v. City of Los Angeles et al

MEMORANDUM of CONTENTIONS of FACT and LAW

32 Cited authorities

  1. Pennsylvania Dept. of Corrections v. Yeskey

    524 U.S. 206 (1998)   Cited 2,237 times
    Holding that text of Title II's prohibition of discrimination by "public entities" against disabled individuals "unmistakably includes State prisons and prisoners within its coverage"

  2. Lee v. City of L.A.

    250 F.3d 668 (9th Cir. 2001)   Cited 10,959 times   5 Legal Analyses
    Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"

  3. Tennessee v. Lane

    541 U.S. 509 (2004)   Cited 1,408 times
    Holding that in providing prophylactic relief in the context of a "fundamental right of access to [state] courts," Title II of the ADA "constitutes a valid exercise of Congress's § 5 authority to enforce the guarantees of the Fourteenth Amendment" and abrogates the states' Eleventh Amendment sovereign immunity

  4. Olmstead v. L. C

    527 U.S. 581 (1999)   Cited 934 times   9 Legal Analyses
    Holding that a state engages in disability discrimination if it institutionalizes individuals with disabilities when community-based placement could be reasonably accommodated, accounting for the resources available to the state and the needs of others with disabilities.

  5. Alexander v. Choate

    469 U.S. 287 (1985)   Cited 1,256 times   3 Legal Analyses
    Holding that an accommodation is reasonable under the ADA if it provides "meaningful access to the benefit that the [prison] offers"

  6. Lovell v. Chandler

    303 F.3d 1039 (9th Cir. 2002)   Cited 1,006 times
    Holding that, by its very nature, facial discrimination in the form of a categorical exclusion of disabled persons from a public program is "intentional"

  7. Henrietta D. v. Bloomberg

    Nos. 02-7022 (L), 02-7074 (CON) (2d Cir. Jun. 9, 2003)   Cited 804 times
    Holding that states incurred liability under the Rehabilitation Act for localities’ violations because the states’ acceptance of federal funds had reflected a promise to ensure statutory compliance

  8. McGary v. City of Portland

    386 F.3d 1259 (9th Cir. 2004)   Cited 753 times
    Holding that, to state a claim that a public program or service violated Title II of the ADA, a plaintiff must show: he is a "qualified individual with a disability;" he was either excluded from participation in or denied the benefits of a public entity's services, programs, or activities, or was otherwise discriminated against by the public entity; and such exclusion, denial of benefits, or discrimination was by reason of his disability"

  9. Vinson v. Thomas

    288 F.3d 1145 (9th Cir. 2002)   Cited 816 times
    Holding that "a plaintiff cannot bring an action under 42 U.S.C. § 1983 against a State official in her individual capacity to vindicate rights created by Title II of the ADA or section 504 of the Rehabilitation Act"

  10. Armstrong v. Davis

    275 F.3d 849 (9th Cir. 2001)   Cited 758 times   3 Legal Analyses
    Holding that " Garrett makes clear that . . . there is no barrier to the injunction against Nielson in his official capacity as Secretary of the Board [under the ADA]."

  11. Section 794 - Nondiscrimination under Federal grants and programs

    29 U.S.C. § 794   Cited 12,629 times   30 Legal Analyses
    Adopting ADA standards for Rehabilitation Act claims

  12. Section 12131 - Definitions

    42 U.S.C. § 12131   Cited 5,340 times   1 Legal Analyses
    Defining discrimination to include the failure to provide "reasonable accommodations"

  13. Section 54 - Right to full and free use of streets, highways, sidewalks, public building, other public places

    Cal. Civ. Code § 54   Cited 1,299 times   5 Legal Analyses
    Defining "disability" as an "impairment that substantially limits one or more of the major life activities of the individual"

  14. Section 54.1 - Entitlement to equal access to accommodations, advantages, facilities, etc.

    Cal. Civ. Code § 54.1   Cited 819 times
    Defining "service dog" as "any dog individually trained to the requirements of the individual with a disability"

  15. Section 11135 - Prohibited; protections and prohibitions of Americans with Disabilities Act

    Cal. Gov. Code § 11135   Cited 284 times   2 Legal Analyses
    Barring disability discrimination in state-funded programs

  16. Section 35.130 - General prohibitions against discrimination

    28 C.F.R. § 35.130   Cited 1,637 times   6 Legal Analyses
    Finding discrimination in violation of ADA when disabled persons have unequal opportunity to participate in state services or unequal ability to realize the benefit of those services

  17. Section 35.104 - [Effective 10/8/2024] Definitions

    28 C.F.R. § 35.104   Cited 453 times   6 Legal Analyses
    Explaining auxiliary aids and services

  18. Section 35.150 - Existing facilities

    28 C.F.R. § 35.150   Cited 353 times   1 Legal Analyses
    Implementing Title II of the ADA