Joseph J. Voytek v. University of California Board of Regents of University of California

77 F.3d 491 5 A.D. Cases 1344 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Joseph J. VOYTEK, Plaintiff-Appellant, v. UNIVERSITY OF CALIFORNIA; Board of Regents of University of California, Defendants-Appellees. No. 94-16673. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 9, 1996. Decided Feb. 14, 1996. Before: LAY, * CHOY and PREGERSON, Circuit Judges. ORDER 1 This action was brought by Joseph Voytek against the University of California and the Regents of the University of California under section 504 of the Rehabilitation Act, 29 U.S.C. § 794 , and the Americans With Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq., alleging employment discrimination due to Voytek's mental disability. 2 The defendants filed a motion for summary judgment on two grounds: (1) that the ADA claim is barred because Voytek's claim arose before the effective date of the ADA, July 26, 1992; and (2) that the plaintiff has failed to establish a prima facie…