Pickering v. Virginia State Police

Filing 20

MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr. on 10/03/2014. (walk, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

NATHAN PICKERING,

Plaintiff,
Civil Action No. 3:14-cv-163-JAG

V.

VIRGINIA STATE POLICE, et al
Defendants.

MEMORANDUM OPINION

This matter comes before the Court on the defendants' motion to dismiss the amended

complaint. (Dk. No. 6.) The plaintiff, Nathan Pickering, filed suit against the Virginia State
Police and Colonel W. Stephen Flaherty, the Superintendent of the Virginia State Police. The

defendants now move to dismiss the suit for lack of subject matter jurisdiction and for failure to
state a claim. Fed. R. Civ. P. 12(b)(1), (6).

Pickering brings two claims against the defendants. Count I alleges discrimination in
violation of the Rehabilitation Act of 1973. Count II alleges discrimination in violation of Title I

of the Americans with Disabilities Act ("ADA"). Because Pickering has pled facts sufficient for
a prima facie allegation of causation under the Rehabilitation Act, the Court DENIES the

defendants' motion to dismiss Count I. Regarding his claim under the ADA, Pickering has sued

the proper state official and alleged an ongoing violation of federal law, as required by Ex Parte
Young. Moreover, his allegation of the timing of his termination sufficiently gives rise to an
inference of discriminatory intent under the ADA. For these reasons, the Court DENIES the
defendants' motion to dismiss Count II.