Briggs v. Walker, 99-4064-SAC.
| Decision Date | 15 February 2000 |
| Docket Number | No. 99-4064-SAC.,99-4064-SAC. |
| Parties | Susan BRIGGS, Plaintiff, v. Sheila WALKER, Director of Vehicles, Department of Revenue of the State of Kansas, Defendant. |
| Court | U.S. District Court — District of Kansas |
Stacey L. Cooper, Topeka Independent, Living Resource Center, Topeka, KS, Cecilia T. Mariani, Topeka Independent, Living Resource Center, Topeka, KS, for plaintiff.
Joseph Brian Cox, Kansas Department of Revenue, Topeka, KS, for defendant.
The case comes before the court on the defendant's motion to dismiss for failure to state a claim upon which relief can be granted. (Dk.6). Alleging she is a "qualified individual," as defined by 28 C.F.R. § 35.130(b)(6), the plaintiff brings this action under Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12131, et seq. seeking declaratory and injunctive relief against the defendant Director of Vehicles of the Kansas Department of Revenue. The plaintiff, who uses a wheelchair for mobility, alleges that the defendant violated the ADA in not allowing her to take the written examination and obtain an instruction permit to drive under K.S.A. § 8-236 without first submitting a completed medical certification form. The plaintiff further complains that the defendant violates the ADA in enforcing this medical certification requirement only on permit applicants with visually apparent disabilities. The defendant seeks dismissal contending the plaintiff is unable to allege and prove that she is otherwise qualified for the defendant's instruction permit program, that the defendant's requirement of a prior medical certification form is not justified by legitimate public safety concerns, that she was denied meaningful access to the instruction permit program, or that the defendant's enforcement of the requirement against applicants with visually apparent disabilities is actionable discrimination.
A court may dismiss a complaint for "failure to state a claim upon which relief can be granted." Fed.R.Civ.P. 12(b)(6). Dismissal is appropriate "only if it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations," Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 81 L.Ed.2d 59 (1984) (citing Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)), or when an issue of law is dispositive, Neitzke v. Williams, 490 U.S. 319, 326, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989). "The purpose of Rule 12(b)(6) is to allow a defendant to test whether, as a matter of law, the plaintiff is entitled to legal relief even if everything alleged in the complaint is true." Mayer v. Mylod, 988 F.2d 635, 638 (6th Cir.1993); see Hospice of Metro Denver, Inc. v. Group Health Ins. of Oklahoma, 944 F.2d 752, 753 (10th Cir.1991) () (citations omitted). The Tenth Circuit has observed that the federal rules "`erect a powerful presumption against rejecting pleadings for failure to state a claim.'" Maez v. Mountain States Tel. and Tel., Inc., 54 F.3d 1488, 1496 (10th Cir.1995) (quoting Morgan v. City of Rawlins, 792 F.2d 975, 978 (10th Cir.1986)).
A court judges the sufficiency of the complaint accepting as true all well-pleaded facts, as distinguished from conclusory allegations, Maher v. Durango Metals, Inc., 144 F.3d 1302, 1304 (10th Cir.1998), and drawing all reasonable inferences from those facts in favor of the plaintiff. Witt v. Roadway Express, 136 F.3d 1424, 1428 (10th Cir.), cert. denied, 525 U.S. 881, 119 S.Ct. 188, 142 L.Ed.2d 153 (1998); see Southern Disposal, Inc. v. Texas Waste Management, 161 F.3d 1259, 1262 (10th Cir.1998) (). It is not the court's function "to weigh potential evidence that the parties might present at trial." Miller v. Glanz, 948 F.2d 1562, 1565 (10th Cir.1991). The court construes the allegations in the light most favorable to the plaintiff. Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974); Hall v. Bellmon, 935 F.2d 1106, 1109 (10th Cir.1991). These deferential rules, however, do not allow the court to assume that a plaintiff "can prove facts that it has not alleged or that the defendants have violated the ... laws in ways that have not been alleged." Associated General Contractors v. California State Council of Carpenters, 459 U.S. 519, 526, 103 S.Ct. 897, 74 L.Ed.2d 723 (1983) (footnote omitted). Dismissal is a harsh remedy to be used cautiously so as to promote the liberal rules of pleading while protecting the interests of justice. Cayman Exploration Corp. v. United Gas Pipe Line Co., 873 F.2d 1357, 1359 (10th Cir.1989).
A 12(b)(6) motion must be converted to a motion for summary judgment if "matters outside the pleading are presented to and not excluded by the court" and "all parties ... [are] given reasonable opportunity to present all material made pertinent to such a motion by Rule 56." Fed.R.Civ.P. 12(b). Written documents attached to the complaint as exhibits are considered part of the complaint and may therefore be considered in connection with a motion to dismiss under Rule 12(b). Hall v. Bellmon, 935 F.2d at 1112 (citing Fed.R.Civ.P. 10(c)). "[I]f a plaintiff does not incorporate by reference or attach a document to its complaint, but the document is referred to in the complaint and is central to the plaintiff's claim, a defendant may submit an indisputably authentic copy to the court to be considered on a motion to dismiss." GFF Corp. v. Associated Wholesale Grocers, Inc., 130 F.3d 1381, 1384 (10th Cir. 1997).
Title II of the ADA provides that: "no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs or activities of a public entity, or be subjected to discrimination by any such entity." 42 U.S.C. § 12132. "Under Title II, a `qualified individual with disability' is someone with a disability who `with or without reasonable modifications ... meets the essential eligibility requirements' to receive public services or participate in a public program." McGuinness v. University of New Mexico, 170 F.3d 974, 978 (10th Cir. 1998) (citing 42 U.S.C. § 12131(2)), cert. denied, ___ U.S. ___, 119 S.Ct. 1357, 143 L.Ed.2d 518 (1999). "The protection afforded by the ADA is characterized as a guarantee of `meaningful access' to government benefits and programs, ..., which broadly means that public entities must take reasonable steps to ensure that individuals with disabilities can take advantage of such public undertakings." Theriault v. Flynn, 162 F.3d 46, 48 (1st Cir.1998) (citations omitted).
Congress directed the Department of Justice ("DOJ") to promulgate regulations "that implement" Title II. 42 U.S.C. § 12134(a); Marcus v. State of Kansas, Dept. of Revenue, 170 F.3d 1305, 1306 (10th Cir.1999). These implementing regulations appear at 28 C.F.R. §§ 35.101, et seq., and "are entitled to substantial deference." Marcus, 170 F.3d at 1306 n. 1. The regulations include the following with respect to licensing programs administered by public entities:
A public entity may not administer a licensing or certification program in a manner that subjects qualified individuals with disabilities to discrimination on the basis of disability, nor may a public entity establish requirements for the programs or activities of licensees or certified entities that subject qualified individuals with disabilities to discrimination on the basis of disability.
The general standard applicable to Title II claims requires the plaintiff to prove:
(1) that he [or she] is a qualified individual with a disability;
(2) that he [or she] was either excluded from participation in or denied the benefits of some public entity's services, programs, or activities, or was otherwise discriminated against by the public entity;
(3) that such exclusion, denial of benefits, or discrimination was by reason of the plaintiff's disability.
Gohier v. Enright, 186 F.3d 1216, 1219 (10th Cir.1999) (quoting Tyler v. City of Manhattan, 849 F.Supp. 1429, 1439 (D.Kan.1994), aff'd, 118 F.3d 1400 (10th Cir.1997)); see Layton v. Elder, 143 F.3d 469, 472 (8th Cir.1998). For purposes of this motion, the defendant concedes the second requirement but contends the plaintiff, at present, can prove no set of facts in support of the first and third requirements.1
Title II defines a qualified individual with a disability to mean:
an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.
42 U.S.C. § 12131(2). "In the context of licensing or certification, a person is `qualified' and thus within the protected category if he or she can meet the `essential eligibility requirements' for receiving the license or certification, with accommodation made for the disability." Theriault v. Flynn, 162 F.3d at 48; see 28 C.F.R. pt. 35, App. A, at 486 (1999). There are essentially two questions underlying this determination. The first is whether a completed medical examination form which includes a certification from a physician that the applicant is capable of safely operating a motor vehicle is an essential eligibility requirement for an instruction permit to drive under K.S.A. § 8-239. The second is whether the plaintiff met this requirement, with or without reasonable...
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