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BLANSETTE v. U.S. Department of Housing and Urban Development, Defendant. (2021)

United States Court of Appeals, Ninth Circuit.2021-04-27No. No. 19-16220

Summary

Holding. The court affirmed the district court's summary judgment in favor of the defendant because Blansette failed to establish a genuine dispute of material fact regarding whether he was a qualified individual with a disability or suffered discrimination on that basis.

Bradley Blansette appealed a district court's grant of summary judgment in his Americans with Disabilities Act case against the Department of Housing and Urban Development. The appellate court found that Blansette failed to present sufficient factual evidence to support his claims that he qualified as a person with a disability or that he experienced discrimination based on disability. The court also rejected Blansette's request for sanctions, finding he had not met the legal requirements for such relief.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether Blansette established he was a qualified individual with a disability under the ADA
  • Whether Blansette demonstrated discrimination based on disability
  • Whether sanctions were warranted against the defendant

Procedural posture

Blansette appealed pro se from the district court's entry of summary judgment dismissing his ADA discrimination claim.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

MEMORANDUM **

Bradley R. Blansette appeals pro se from the district courts summary judgment in his action alleging violations under the Americans with Disabilities Act (“ADA”). We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Stephens v. Union Pac. R.R. Co., 935 F.3d 852, 854 (9th Cir. 2019). We affirm.

The district court properly granted summary judgment because Blansette failed to raise a genuine dispute of material fact as to whether he is a qualified individual with a disability or was discriminated against by the defendant by reason of disability. See Cohen v. City of Culver City, 754 F.3d 690, 695 (9th Cir. 2014) (setting forth elements of an ADA Title II claim); Weinreich v. L.A. Cnty. Metro. Transp. Auth., 114 F.3d 976, 979 (9th Cir. 1997) (no ADA violation where plaintiffs exclusion from program was based on plaintiffs failure to provide updated certification of a qualifying disability, and not the fact or perception that plaintiff had a disability).

The district court did not abuse its discretion by denying Blansettes motion for sanctions because Blansette failed to establish grounds for sanctions. See Christian v. Mattel, Inc., 286 F.3d 1118, 1126-27 (9th Cir. 2002) (standard of review and grounds for sanctions under Fed. R. Civ. P. 11); Fink v. Gomez, 239 F.3d 989, 991-94 (9th Cir. 2001) (grounds for sanctions under 28 U.S.C. § 1927 and the courts inherent power).

We do not consider arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.