McGowan

McGowan v. Washington Department of Labor & Industries

Good Law
213 F. App'x 556
United States Court of Appeals for the Ninth CircuitDecember 18, 2006No. 05-35775California284 words

Opinion

Lead Opinion

MEMORANDUM **

Francis X. McGowan appeals pro se the dismissal of his complaint alleging that Washington state agencies violated his rights under Title II of the Americans with Disabilities Act, 42 U.S.C. § 12132 (“ADA”), and the Rehabilitation Act, 29 U.S.C. § 794 . We review de novo a dismissal for failure to state a claim under Fed.R.Civ.P. 12(b)(6), see Hason v. Med. Bd. of Cal., 279 F.3d 1167 , 1170 (9th Cir. 2002), and we affirm.

McGowan did not allege facts sufficient to state a claim under the ADA or the Rehabilitation Act. He alleged that he was an individual with a disability and that the state denied him benefits, but he did not allege facts showing that he was qualified to receive worker’s compensation benefits, nor that his disability was the reason that he was denied benefits. See McGary v. City of Portland, 386 F.3d 1259, 1265 (9th Cir.2004) (listing requirements to state a claim under the ADA); Wong v. Regents of Univ. of Cal., 410 F.3d 1052 , 1055 n. 1 (9th Cir.2005) (Rehabilitation Act creates same rights and obligations as ADA); see also Doe v. Pfrommer, 148 F.3d 73, 82 (2d Cir.1998) (ADA and Rehabilitation Act do not provide a cause of action for challenging…

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