· 11/15/1993
Mark W. Stearnes v. Baur's Opera House, Incorporated, Doing Business as Baur's Opera House, a Delaware Corporation
Citations
- 3 F.3d 1142
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that § 2000a-3(c)’s requirements are jurisdictional
- “courts should construe liberally motion papers and pleadings 4 filed by pro se inmates and should avoid applying summary judgment rules strictly”
- plaintiff's failure to notify state authority barred plaintiff's cause of action
- “Section 2000a—3(c) requires that Title II plaintiffs give notice to state or local authorities when a state or local law prohibits such discrimination and the state or local authority is authorized to grant or seek relief from such discrimination.”
- “Because Stearnes failed to notify the appropriate state agency as required by 42 U.S.C. § 2000a–3(c) before he filed his case in federal court, we remand the case to the district court and order the case dismissed for lack of jurisdiction.”
- “A Title II plaintiff must demonstrate that he or she has met the procedural prerequisites of section 2000a-3(c) prior to filing suit in federal court.” (citing Hornick v. Noyes, 708 F.2d 321, 323 (7th Cir. 1983), cert. denied, 465 U.S. 1031 (1984))
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Ripple, Kanne
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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