Terry L. Huston v. Nadim Khoury, M.D., James Gomez, Director, Department of Corrections

51 F.3d 280 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Terry L. HUSTON, Plaintiff-Appellant, v. Nadim KHOURY, M.D., James Gomez, Director, Department of Corrections, et al., Defendants-Appellees. No. 93-16760. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 9, 1995. Decided March 24, 1995. Before: PREGERSON, KOZINSKI and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 A. Assuming the American with Disabilities Act ("ADA") applies to prisons, it does not apply retroactively in this case. The applicable provisions of the ADA, 42 U.S.C. Secs. 12112 , 12132 came into effect July 26 and January 26, 1992 respectively. However, Huston's claim is based on the Department of Corrections' ("DOC") actions of August and September 1991, and he filed his claim on September 23, 1991. We, therefore, affirm the district court's grant of summary judgment on the basis that the ADA does not apply to the DOC's actions. 3 B. We also affirm the district court's grant of…