The following excerpt is from Brown v. Hubbard, No. CIV S-08-2286 FCD GGH P (E.D. Cal. 2010):
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 (3) such exclusion, denial of benefits, or discrimination was by reason of his disability. McGary v. City of Portland, 386 F.3d 1259, 1265 (9th Cir. 2004).
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