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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

25 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,751 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  2. Deshaney v. Winnebago Cty. Soc. Servs. Dept

    489 U.S. 189 (1989)   Cited 5,605 times   8 Legal Analyses
    Holding that negligence by a county social services department which left a child permanently brain damaged by his abusive father did not shock the conscience

  3. Los Angeles v. Lyons

    461 U.S. 95 (1983)   Cited 7,494 times   13 Legal Analyses
    Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold

  4. Olmstead v. L. C

    527 U.S. 581 (1999)   Cited 907 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. Thomas v. Union Carbide Agric. Products Co.

    473 U.S. 568 (1985)   Cited 1,254 times   5 Legal Analyses
    Holding that a challenge to a statutory system of arbitration was ripe because the plaintiffs' "injury [was] not a function of whether the [arbitration] tribunal awards reasonable compensation but of the tribunal's authority to adjudicate the dispute"

  6. Ascon Properties, Inc. v. Mobil Oil Co.

    866 F.2d 1149 (9th Cir. 1989)   Cited 1,318 times
    Holding that the ninety-day notice requirement is jurisdictional

  7. McGary v. City of Portland

    386 F.3d 1259 (9th Cir. 2004)   Cited 722 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"

  8. Gilligan v. Morgan

    413 U.S. 1 (1973)   Cited 404 times
    Holding issues of National Guard training and weaponry are essentially professional military judgments within the constitutionally vested responsibility of the legislative and executive branches, and outside the courts' competence

  9. Pickern v. Holiday Quality Foods Inc.

    293 F.3d 1133 (9th Cir. 2002)   Cited 478 times   1 Legal Analyses
    Holding imminent injury established when plaintiff "state[d] that he prefers to shop at Holiday markets and that he would shop at [defendant's] Paradise market if it were accessible"

  10. Weinreich v. Los Angeles County Metropolitan Transportation Authority

    114 F.3d 976 (9th Cir. 1997)   Cited 550 times
    Holding that to establish a violation of Title II of the ADA, a plaintiff must show that he is a qualified individual with a disability; he was excluded from participation in or otherwise discriminated against with regard to a public entity's services, programs, or activities, and such exclusion or discrimination was by reason of his disability.

  11. Rule 19 - Required Joinder of Parties

    Fed. R. Civ. P. 19   Cited 9,505 times   54 Legal Analyses
    Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations

  12. Section 12205 - Attorney's fees

    42 U.S.C. § 12205   Cited 1,579 times   1 Legal Analyses
    Permitting the court to allow costs to "the prevailing party"

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

    Cal. Civ. Code § 54   Cited 1,100 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 701 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 269 times   2 Legal Analyses
    Barring disability discrimination in state-funded programs

  16. Section 54.3 - Liability for denial or interference with rights

    Cal. Civ. Code § 54.3   Cited 258 times   1 Legal Analyses
    Permitting the recovery of actual damages

  17. Section 35.130 - General prohibitions against discrimination

    28 C.F.R. § 35.130   Cited 1,577 times   5 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

  18. Section 35.150 - Existing facilities

    28 C.F.R. § 35.150   Cited 346 times   1 Legal Analyses
    Requiring that a public entity's services, programs, and activities be "readily accessible"