SEARCH

Moore v. Niagara Frontier Transp. Auth. Inc.

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

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

British Legal Awards 2024

November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.

Learn More

GlobeSt. Healthcare Real Estate 2024

December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!

Learn More

ThinkAdvisor LUMINARIES Awards 2024

December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.

Learn More

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...

Apply Now ›

Associate Justice- Appellate Division, Palau Supreme Court

The Republic of Palau Judiciary is seeking applicants for one Associate Justice position who will be assigned to the Appellate Division of ...

Apply Now ›

ATTORNEY - REMOTE - NEW YORK

Experienced Insurance Defense Attorney.No in office requirement.Send resume to:

Apply Now ›