Josephine Okwu v. Cindy McKim

This appeal presents the issue of whether a state employee may sue state officers under 42 U.S.C. § 1983 for alleged violations of Title I of the Americans with Disabilities Act, 42 U.S.C. §§ 12111-12117 . The defendants in this case determined that Plaintiff Josephine Okwu’s psychological disorders made her unfit for reinstatement from disability retirement to active service with the California Department of Transportation (“Caltrans”). Okwu alleges that this decision deprived her of her right to a reasonable accommodation under the ADA and to the equal protection of the laws under the Fourteenth Amendment. We conclude that Congress’s inclusion of a comprehensive remedial scheme in Title I of the ADA precludes § 1983 claims predicated on alleged violations of ADA Title I substantive rights. We also conclude that Okwu’s allegations of fact do not state a claim under the Equal Protection Clause. We therefore affirm.

I. Background

Okwu suffers from severe psychological disorders, including bipolar disorder, psychosis, and schizoaffective disorder. These disorders led to strife between Okwu and Caltrans, her employer. Cal-trans wanted to terminate Okwu’s employment; Okwu…