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· 10/27/2004

Richard McGary v. City of Portland

Citations

  • 386 F.3d 1259
  • 2004 U.S. App. LEXIS 22533
  • 2004 WL 2389904

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • observing that “the [Olmstead ] Court held that undue institutionalization of persons with mental disabilities qualifies as discrimination ‘by reason of disability’ under the ADA”
  • noting that dismissals at the pleading stage “are especially disfavored . . . where the complaint sets forth a novel legal theory that can best be assessed after factual development”
  • collecting cases from 26 different circuits articulating that a disparate treatment or disparate impact claim is distinct from a 27 reasonable accommodation claim
  • stating elements for 19 an FHA claim based on failure to provide reasonable accommodations to individuals with 20 disabilities
  • collecting cases from 10 different circuits articulating that a disparate treatment or disparate impact claim is distinct from a 11 reasonable accommodation claim
  • setting forth elements of a claim for failure to accommodate under the Fair Housing Amendments Act of 1988

Source: CourtListener parenthetical corpus (CC0).

Judges: Fisher, Kleinfeld, Nelson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.