VASSAR v. GREYHOUND BUS LINES

Filing 6

ORDER DISMISSING THE COMPLAINT - The 4 report and recommendation is accepted. The complaint is dismissed. The clerk must enter judgment stating, "The plaintiff's claims are dismissed with prejudice for failure to state a claim on which relief can be granted." Signed by JUDGE ROBERT L HINKLE on 3/7/2017. (tdl)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
JOAN E. VASSAR,
Plaintiff,
v.

CASE NO. 4:16cv762-RH/CAS

GREYHOUND BUS LINES et al.,
Defendants.
_____________________________/
ORDER DISMISSING THE COMPLAINT
The plaintiff alleges she is disabled and needs assistance with her luggage
and in other respects when traveling by bus. She alleges the defendant bus
company sometimes provides the needed assistance but sometimes does not. The
plaintiff seeks an award of damages for “emotional hardship” against the bus
company and two of its employees.
The case is before the court on the magistrate judge’s report and
recommendation, ECF No. 4. No objections have been filed. The recommendation
is for dismissal of the amended complaint on the court’s own motion.
A plaintiff may be entitled to notice and an opportunity to be heard prior to a
dismissal on the court’s own motion in circumstances like these. See, e.g., Am.
Case No. 4:16cv762-RH/CAS

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United Life Ins. Co. v. Martinez, 480 F.3d 1043, 1069 (11th Cir. 2007); Danow v.
Borack, 197 F. App’x 853, 856 (11th Cir. 2006); see also Jefferson Fourteenth
Assocs. v. Wometco de Puerto Rico, Inc., 695 F.2d 524 (11th Cir. 1983). Here the
report and recommendation gave the plaintiff adequate notice, and she had an
opportunity to respond by filing objections.
The report and recommendation correctly concludes that the plaintiff has not
stated a claim on which relief can be granted under 42 U.S.C. § 1983 and that the
plaintiff would not be able to state such a claim even by amending her complaint.
The plaintiff also has not stated a claim for damages under the Americans with
Disabilities Act and would not be able to do so even by amending the complaint.
Title III of the ADA, which addresses public accommodations, creates a private
right of action for injunctive relief but not for damages. See 42 U.S.C. §
12188(a)(1) (setting out available remedies “to any person who is being subjected
to discrimination on the basis of a disability in violation of this subchapter”);
Berkery v. Kaplan, 518 F. App’x 813, 814 (11th Cir. 2013) (“Title III . . . provides
for money damages only where the civil action is initiated by the Attorney
General.” (citing Jairath v. Dyer, 154 F.3d 1280, 1283 and n.7 (11th Cir. 1998));
see also 42 U.S.C. § 12188(b)(2)(B) (“[T]he court may award such other relief as
the court considers to be appropriate, including monetary damages to persons
aggrieved when requested by the Attorney General[.]”).

Case No. 4:16cv762-RH/CAS

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For these reasons,
IT IS ORDERED:
1. The report and recommendation is accepted. The complaint is dismissed.
2. The clerk must enter judgment stating, “The plaintiff’s claims are
dismissed with prejudice for failure to state a claim on which relief can be
granted.”
SO ORDERED on March 7, 2017.
s/Robert L. Hinkle
United States District Judge

Case No. 4:16cv762-RH/CAS