Mapes v. Home Depot, et al.

Summary

The United States District Court for the Northern District of Indiana grants Ted Decker and Teresa Wynn Roseborough’s motion for judgment on the pleadings in Eric J. Mapes’s Title III Americans with Disabilities Act action. The court concludes that the complaint does not allege that either defendant discriminated against Mapes on the basis of disability and dismisses the claims against them with prejudice. The case remains pending against the other defendants.

Holdings

1. Judgment on the pleadings was proper because Mapes failed to allege facts showing that Decker or Roseborough discriminated against him on the basis of his disability. Sending the defendants a notice alleging ADA violations did not constitute an allegation that they themselves discriminated against him.
2. The court dismissed the claims against Decker and Roseborough with prejudice because amendment appeared futile.

Questions Presented

1. Whether Decker and Roseborough were entitled to judgment on the pleadings because the complaint failed to allege that either defendant discriminated against Mapes on the basis of disability.
2. Whether the claims against Decker and Roseborough should be dismissed with prejudice rather than allowing Mapes an opportunity to amend.

Disposition

other