Kimberly O'Connor v. Scottsdale Healthcare Corporat

Good Law
582 F. App'x 695
United States Court of Appeals for the Ninth CircuitJuly 3, 201412-16511California405 words

Opinion

Opinion

MEMORANDUM

Kimberly A. O’Connor appeals pro se from the district court’s judgment dismissing for lack of standing her action alleging a violation of the Americans with Disabilities Act (“ADA”) and various state law claims. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Skaff v. Meridien N. Am. Beverly Hills, LLC, 506 F.3d 832, 837 (9th Cir.2007) (interpretation of the ADA); Canatella v. California, 304 F.3d 843, 852 (9th Cir.2002) (dismissal for lack of standing). We affirm.

The district court properly dismissed O’Connor’s ADA claim because O’Connor failed to allege a concrete and particularized injury-in-fact traceable to defendants’ conduct in delaying O’Connor’s access to a hospital’s premises with her service dog. See Chapman v. Pier 1 Imps. (U.S.), Inc., 631 F.3d 939, 946 (9th Cir.2011) (setting forth elements of standing to allege a claim under Title III of the ADA); Skaff, 506 F.3d at 835-36 (wheelchair-bound paraplegic lacked standing as to his ADA claim arising from a one-hour delay in getting a hotel room with a roll-in shower and portable shower chair). Moreover, O’Connor failed to establish a “ ‘real and immediate threat of repeated injury’ in the…

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