Abigayil Tamara v. El Camino Hospital, David Digant
Published: Aug. 17, 2013 | Result Date: Aug. 2, 2013 | Filing Date: Jan. 1, 1900 |Case number: 5:12-cv-1032 Bench Decision – Preliminary Injunction Granted
Court
USDC Northern
Attorneys
Plaintiff
Paul L. Rein
(Rein & Clefton)
Catherine M. Cabalo
(Peiffer, Wolf, Carr, Kane, Conway & Wise)
Celia L. McGuinness
(Derby, McGuinness & Goldsmith )
Defendant
Aaron T. Schultz
(Galloway, Lucchese, Everson & Picchi)
Facts
Abigayil Tamara sued El Camino Hospital and David Digant after the hospital refused to allow her service dog to accompany her during a 2001 stay in a locked psychiatric ward. Tamara was a qualified disabled person who used a service dog for independence and mobility. The hospital's current service animal policy prohibited all service animals at its behavioral health units, including the locked psychiatric ward where Tamara stayed.
Tamara sought a preliminary injunction requiring the hospital to admit service dogs. The hospital opposed the motion, arguing that service animals posed a danger that it could not mitigate.
Result
U.S. District Judge Ronald M. Whyte granted Tamara's motion for preliminary injunction. The hospital was therefore precluded from automatically excluding service animals from it's Behavioral Health Units.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390