Consandra Amerson v. Clark County

MEMORANDUM

Consandra Amerson appeals from the district court’s Rule 12(c) dismissal of her Americans with Disabilities Act (ADA) claim against Clark County, Clark County Department of Juvenile Services, and Clark County Department of Family Services (Clark County). We review de novo a district court’s order granting a Rule 12(c) motion for judgment on the pleadings. Fleming v. Pickard, 581 F.3d 922, 925 (9th Cir.2009). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand.

Amerson and Clark County entered into a stipulated settlement agreement in which Clark County agreed to pay Amerson a lump-sum buyout of her state vocational benefits claim. The settlement stipulated that Clark County could not accommodate Amerson’s work-related injury and resulting restrictions. The stipulated admission “appear[s] to negate an essential element of [Amersoris] ADA case.” Cleveland v. Policy Mgmt. Sys. Corp., 526 U.S. 795, 806 , 119 S.Ct. 1597 , 143 L.Ed.2d 966 (1999); see 42 U.S.C. § 12111 (8) (to establish ADA claim, employee must prove she is “an individual who, with or without reasonable accommodation, can perform the essential functions of the employment…