C.R.

C.R. v. Boy Scouts of America, Troop 223

Good Law
280 F. App'x 669
United States Court of Appeals for the Ninth CircuitMay 29, 2008No. 06-56639California676 words

Opinion

Lead Opinion

MEMORANDUM *

Appellants, C.R., a former Boy Scout with autism, and his parents, appeal the district court’s dismissal for failure to state a claim of their action alleging that Boy Scouts of America Troop 223 (“Troop 223”) and the Western Los Angeles County Council of Boy Scouts of America (“Western Council”) violated Title III of the Americans with Disabilities Act (“ADA”) when they excluded C.R. from a troop-sponsored outing to Camp Emerald Bay. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

Rule 12(b)(6) of the Federal Rules of Civil Procedure provides for dismissal of a complaint that fails to state a claim upon which relief can be granted. Fed. R. Civ. P. 12(b)(6). A complaint should not be dismissed “unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Love v. United States, 915 F.2d 1242, 1245 (9th Cir.1990) (internal quotation marks and citation omitted). The dismissal of a complaint for failure to state a claim is reviewed de novo. Id.

Title III of the ADA prohibits discrimination “on the basis of disability in the full…

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