ADA Disability Discrimination Claim Insufficiently Pleaded

In Quick v. Garcia, No. 16-cv-2646, 2016 WL 6069504 (E.D.N.Y. Oct. 14, 2016), the court dismissed, with prejudice, plaintiff’s (amended) complaint which asserted disability discrimination under the Americans with Disabilities Act (ADA). This decision contains a small, but important, pleading point. It explained: “[T]he Amended Complaint does not allege that plaintiff is disabled within the meaning of the ADA or that the loss of his Line of Duty Injury []┬ástatus constituted an adverse employment action. … Thus, the Amended Complaint fails to state a claim under Title I of the ADA.”

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