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Moore v. Niagara Frontier Transp. Auth. Inc.

Dismissal of Paratransit Rider's Discrimination Claims Under ADA, §1983 Explained

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DECISION & ORDER On October 27, 2021, the pro se plaintiff, Jerry W. Moore, filed a complaint asserting claims under the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §1983, and New York State law.1 Docket Item ¹. Moore brings those claims against the Niagara Frontier Transportation Authority, Inc. (the “NFTA”), and three of its officials and employees: Executive Director Kimberley Minkel, Systems Manager Patricia Wiseman,² and Paratransit Driver Tamara Turner. Id. He alleges that the defendants discriminated against him on the basis of disability and race in connection with his use of the NFTA’s Paratransit Access Line (“PAL”) service.³ Id. On May 5, 2022, the defendants moved to dismiss the complaint and for summary judgment, Docket Item 11; on May 31, 2022, Moore responded, Docket Item 14; and on June 14, 2022, the defendants replied, Docket Item 15. For the reasons that follow, the defendants’ motion — which this Court construes as a motion for summary judgment — will be granted unless Moore files an amended complaint correcting the deficiencies identified below. BACKGROUND⁴ The NFTA’s PAL service is a “curb-to-curb, lift-equipped van service” that “is available for qualifying individuals.” Docket Item 1 at 35. Moore — a Black, disabled man who uses a wheelchair, id. at

1-2 — has been approved to use PAL service since 2017, see id. at 3; Docket Item 11-2 at

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