In Vinson v. Thomas, (9th Cir. 2002) 288 F.3d 1145, the U. S. Court of Appeals for the 9th Circuit addressed the issue of whether a public official can be sued in an individual capacity under a federal civil rights statute (42 U.S.C. § 1983) for violating the Americans with Disabilities Act (ADA) or the Rehabilitation Act.
Facts
Hawaii’s Department of Labor denied a worker’s request for state-funded rehabilitation services that would accommodate his dyslexia. The worker filed a discrimination lawsuit against the Department and Alice Thomas, one of the Department’s employees, in her individual capacity. The worker’s lawsuit against Thomas alleged that Thomas violated § 1983 when she discriminated against the worker in violation of the ADA and the Rehabilitation Act.
Appellate Court Holding
Agreeing with appellate courts in three other circuits, the Ninth Circuit Court of Appeals held that “a plaintiff cannot bring an action under § 1983 against a State official in her individual capacity to vindicate rights created by…the ADA or section 504 of the Rehabilitation Act.” Congress created comprehensive remedial schemes and intended to foreclose lawsuits under the more general enforcement provisions of § 1983 to vindicate the rights created by the ADA and the Rehabilitation Act. The Court held that the worker’s lawsuit against Thomas, in her individual capacity, could not proceed.