Lauren v. Montana State University et al

Filing 78

ORDER ADOPTING 26 Findings and Recommendations. IT IS FURTHER ORDERED that Defendant Paxton and Yorks Motion to Dismiss (Doc. 21) is GRANTED, and Lauren's claims under Title II of the ADA are DISMISSED only to the extent they are advanced against Paxton and York. Signed by Judge Brian Morris on 10/23/2018. (APP)

IN THE UNITED STATES DISTRICT
COURT FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
JEAN PAUL LAUREN,
CV-17-62-BU-BMM-JCL
Plaintiffs,
v.
ORDER ADOPTING MAGISTRATE
JUDGE’S FINDINGS AND
RECOMMENDATIONS

MONTANA STATE UNIVERSITY,
JOHN PAXTON, and BRENDA
YORK,
Defendant.

Plaintiff Jean Paul Lauren, appearing pro se, commenced this action in
which he alleged that Defendants had failed to make reasonable accommodations
for his disabilities while he was attending Montana State University (“MSU”).
(Doc. 2). Lauren further alleged that Defendants had terminated his schooling.
(Id.). Lauren’s pleading did not expressly identify any particular legal claim
against Defendants. In view of his pro se status and his asserted disabilities,
United States Magistrate Judge Jerimiah C. Lynch liberally construed Lauren’s
pleading to advance a claim under the Americans with Disabilities Act (“ADA”),
42 U.S.C. § 12132. So construed, the Court ordered the Defendants to respond to
Lauren’s pleading.
Defendants John Paxton and Brenda York moved the Court to dismiss the
claims under the ADA. (Doc. 21). Defendants Paxton and York argued that the
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ADA imposes no individual liability, but instead, governs the actions of a public
entity. (Doc. 26 at 2); Heinke v. County of Tehama Sheriff’s Dept., 2013 WL
3992407, *7-8 (E.D. Cal. 2013); see also Vinson v. Thomas, 288 F.3d 1145, 1156
(9th Cir. 2002).
Judge Lynch deemed Paxton and York’s motion to dismiss well-taken and
issued an Order and Findings and Recommendation in this matter on January 29,
2018. (Doc. 26). Judge Lynch recommends that the Title II claims be dismissed to
the extent that Lauren pleads them against Paxton and York. No party filed
objections to Judge Lynch’s Findings and Recommendation.
The Court has reviewed the Findings and Recommendation for clear error.
McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313
(9th Cir. 1981). The Court finds no error in Judge Lynch’s Findings and
Recommendation and adopts them in full.

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ORDER
Accordingly, IT IS ORDERED that Magistrate Judge Lynch’s Findings and
Recommendation (Doc. 26) is ADOPTED IN FULL.
IT IS FURTHER ORDERED that Defendant Paxton and York’s Motion to
Dismiss (Doc. 21) is GRANTED, and Lauren’s claims under Title II of the ADA
are DISMISSED only to the extent they are advanced against Paxton and York.
DATED this 22nd day of October, 2018.

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