David D. Crossett v. Lakeview Hospital, et al.

Summary

The United States District Court for the District of Utah affirmed and adopted a magistrate judge’s Report and Recommendation concerning David D. Crossett’s claims against Lakeview Hospital and individual defendants. The court clarified that Plaintiff may amend his Title III Americans with Disabilities Act claim only to seek injunctive relief, not monetary damages, and allowed the opportunity to provide additional factual support. The court granted in part and denied in part Lakeview Hospital’s motion to dismiss and gave Plaintiff thirty days to file an amended complaint.

Holdings

1. Plaintiff may not amend the Title III ADA claim to seek monetary damages because such damages are unavailable as a matter of law under Title III.
2. Plaintiff may amend the Title III ADA claim to seek injunctive relief, and dismissal of that claim is without prejudice.
3. Plaintiff may re-serve the individual defendants with an amended complaint, but any claims against them remain subject to dismissal if they are not legally liable under the ADA.
4. The magistrate judge's order granting the motion to quash was within her authority and did not require affirmance by the district court.

Questions Presented

1. Whether Plaintiff could amend his Title III ADA complaint to seek monetary damages.
2. Whether Plaintiff should be allowed to amend his Title III ADA complaint to pursue injunctive relief despite concerns about ongoing harm, future harm, and the sufficiency of his disability allegations.
3. Whether Plaintiff could re-serve the individual defendants with an amended complaint despite the asserted futility of claims against individual employees.
4. Whether the magistrate judge's Report and Recommendation and order granting the motion to quash should be affirmed.

Disposition

affirmed