If Plaintiff pleads disability, does she have to plead disability?
MultiRegion, United States of America
The following excerpt is from Weathers v. Hagemeister-May, Case No. 1:13-cv-01932-AWI-MJS (PC) (E.D. Cal. 2014):
Nothing alleged by Plaintiff suggests suspect class discrimination. Even if she pleads disability, the disabled do not constitute a suspect class for equal protection purposes. Pierce v. County of Orange, 526 F.3d 1190, 1225 (9th Cir.2008), citing Lee v. City of Los Angeles, 250 F.3d 668, 687 (9th Cir. 2001). Plaintiff does not state a claim under protected class theory.
2. No Disparate Treatment Claim
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In addition to the fact that a prior pleading cannot be referred to in a second pleading, is plaintiff's second pleading complete? (MultiRegion, United States of America)
Does a finding that a plaintiff is not disabled affect a plaintiff's ability to continue to pursue for disability benefits in the future? (MultiRegion, United States of America)
In what circumstances have plaintiffs failed to establish that they were denied section 504 disability benefits solely by reason of their alleged disabilities? (MultiRegion, United States of America)
How have the courts treated a plaintiff's pleading in pleading in favour of the pro se litigant? (MultiRegion, United States of America)
What is the test for a plaintiff to argue that he was denied a disability benefit or service by reason of his disability? (MultiRegion, United States of America)
What is the test for determining whether a claimant is a "disabled" or "not disabled" in a disability claim? (MultiRegion, United States of America)
Is there any case law where a plaintiff has alleged that he was denied access to the same treatment as a plaintiff because of his disability? (MultiRegion, United States of America)
Can a plaintiff plead to make an amended complaint complete without referring to a prior pleading? (MultiRegion, United States of America)
Can a plaintiff plead for another plaintiff in a personal injury action? (Canada (Federal), Canada)
Can a disability provider discriminate against plaintiffs on the basis of their disability? (MultiRegion, United States of America)
