Mark Moon, et al v. County of Orange, Don Barnes, individually and in his official capacity, and Does 1-50
Published: Oct. 9, 2020 | Filing Date: Feb. 8, 2019 |Case number: 8:19-cv-00258 JVS (KESx) Summary Judgment – Defense
Judge
Court
CD CA
Attorneys
Plaintiff
Richard P. Herman
(Law Office of Richard P. Herman)
Defendant
Gregory A. Nylen
(Greenberg Traurig LLP)
Donald K. Dunn
(Office of the Orange County Counsel)
Zachary M. Schwartz
(Koeller, Nebeker, Carlson & Haluck LLP)
Facts
Plaintiff Mark Moon is a prisoner at an Orange County Jail operated by defendant the County of Orange. Plaintiff sued defendant in relation to his requested accommodations.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that he suffered from atrophy of his left leg and mental health disabilities. Plaintiff requested accommodations for his mobility issues and mental disability issues. Instead of providing accommodations, defendant kept plaintiff in disciplinary isolation. Plaintiff contended that defendant's failure to provide accommodations violated the Americans with Disabilities Act of 1990. Plaintiff contended that defendant failed to maintain a facility with equipment that is readily accessible and usable by persons with disabilities.
DEFENDANT'S CONTENTIONS: Defendant contended that plaintiff failed to provide a short and plain statement clearly setting forth his claims. Defendant contended that plaintiff's first amended complaint made vague and general assertions about Orange County jails.
Result
The court granted defendant's motion to dismiss for failure to state a claim for which relief could be granted. The court ruled that plaintiff's first amended complaint remained convoluted and confusing.
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