· 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 CourtListenerSourced 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.