Tater-Alexander v. Amerjan et al

Filing 312

Neutral Statement of the Case signed by Judge Oliver W. Wanger on 5/3/2011. (Figueroa, O)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MICHAEL TATER-ALEXANDER, 10 11 12 13 14 Plaintiff, v. FRESNO COMMUNITY HOSPITAL AND MEDICAL CENTER AND CLOVIS COMMUNITY MEDICAL CENTER, Defendant. 15 ) ) ) ) ) ) ) ) ) ) ) ) ) 1:08-cv-0372 OWW SMS NEUTRAL STATEMENT OF THE CASE 16 17 18 Plaintiff, Michael Tater-Alexander, 42, drove to the 19 Emergency Department at Clovis Community Medical Center on Sunday 20 evening, March 17, 2007. 21 pains seeking medical treatment. 22 hospital gown to be examined and refused. 23 disability, pain, which is heightened when he is cold. 24 he was entitled to accommodations and was not accommodated. 25 further claims Fresno Community Hospital and Medical Center, 26 operator of Clovis Community Medical Center, knew he was 27 disabled; that they violated their policy for dealing with 28 disability, and had knowledge that they violated their policies Upon arrival he complained of abdominal He was asked to put on a 1 He claims he had a He claims He 1 and procedures. He also claims that the policies and procedures 2 are, on their face, discriminatory. 3 federal and state law. He brings these claims under 4 Defendant denies knowing that Plaintiff had a disability 5 that needed accommodation; denies wrongdoing; and claims that 6 Plaintiff’s refusal to cooperate and to permit himself to be 7 examined, and his disruptive conduct and profanity, are the cause 8 of any alleged violation. 9 10 IT IS SO ORDERED. 11 Dated: May 3, 2011 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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