Facts

On Sept. 9, 2015 Floyd Armbrester, a disabled and blind man, was arrested and transported to Glen Dyer Jail in Oakland. Armbrester filed suit against the County of Alameda under Title II of the Americans with Disabilities Act in relation to alleged accommodation violations suffered while he was in custody.

PLAINTIFF'S CONTENTIONS: Armbrester claimed that Alameda County and the Alameda County Sheriff's Dept. violated rights granted to him under the Americans with Disabilities Act. Armbrester claimed that the sheriff's failed to provide a holding cell for persons with disabilities and instead placed him in general population. Plaintiff further alleged that he was denied a blind cane to navigate his cell, which resulted in physical injury and deprivation of phone privileges.

DEFENDANT'S CONTENTIONS: Defendant filed a motion to dismiss on the grounds that plaintiff failed to allege facts showing that he was otherwise qualified to participate in the jail's service (use of the telephone) at the time he sought to access the phone. Defendant further claimed that plaintiff failed to allege facts showing that jail staff knew of his needs for various disability accommodations and intentionally disregarded them.

Damages

Plaintiff sought only money damages and not injunctive relief.

Injuries

Plaintiff suffered injuries to his legs.

Result

The court granted defendant's motion to dismiss with prejudice. Plaintiff had two prior complaints dismissed with leave to amend. The court concluded that the filing of a fourth amended complaint would be futile and therefore exercised its discretion to dismiss with prejudice.