Sharon Hulihan v. Regional Transportation Commis

MEMORANDUM

Sharon Hulihan appeals pro se from the district court’s summary judgment in her action alleging violations of Title II of the Americans with Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act of 1973 (“Section 504”), and a state law negligence claim. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Lovell v. Chandler, 303 F.3d 1039, 1052 (9th Cir.2002), and we affirm.

The district court properly granted summary judgment on Hulihan’s ADA and Section 504 claims because Hulihan failed to raise a genuine dispute of material fact as to whether defendants intentionally discriminated against her or excluded her from enjoying the benefits of public transportation on the basis of her disability. See id. (setting forth elements of a claim under Title II of the ADA); Midgett v. Tri-County Metro. Transp. Dist, 254 F.3d 846, 850-51 (9th Cir.2001) (occasional, isolated problems in public transportation provider’s service did not violate the ADA for purposes of injunctive relief, and showing of discriminatory intent is a prerequisite to obtaining compensatory damages under the ADA); Zukle v. Regents of the Univ. of Cal., 166 F.3d 1041 , 1045 n. 11…