Travis Ward v. California Department of Corrections and Rehabilitation

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations and granted the California Department of Corrections and Rehabilitation’s motion to dismiss. The court held that the plaintiff failed to state an ADA claim and that CDCR was immune from the negligence claim under California Government Code section 844.6(a)(2), with no applicable exception under section 845.6. The First Amended Complaint was dismissed without leave to amend, and the case was closed.

Holdings

1. The First Amended Complaint failed to state a cognizable ADA claim because Ward did not allege facts showing that he was excluded from participation in, or denied the benefits of, a prison service or program because of a disability, or that he was subjected to discrimination by reason of a disability.
2. The negligence claim was barred because the First Amended Complaint did not allege facts triggering the § 845.6 exception to the immunity provided by California Government Code § 844.6(a)(2).
3. Dismissal without leave to amend was proper because the pleading deficiencies could not be cured by further amendment based on the allegations and objections before the court.
4. The claim for injunctive relief was moot because Ward was no longer housed at Kern Valley State Prison and there was no demonstrated reasonable expectation that he would return there.

Questions Presented

1. Whether Ward's allegations regarding requests for a wheelchair stated a cognizable claim under the Americans with Disabilities Act.
2. Whether Ward's negligence claim against CDCR was barred by California Government Code § 844.6(a)(2), or whether the exception in § 845.6 applied.
3. Whether the pleading deficiencies could be cured by amendment.
4. Whether Ward's claim for injunctive relief was moot after he was transferred from Kern Valley State Prison.

Disposition

dismissed