Emerson v. Thiel College

Decision Date10 July 2002
Docket NumberNo. 01-1699.,01-1699.
Citation296 F.3d 184
PartiesJohn M. EMERSON, Appellant v. THIEL COLLEGE; Rick Brown; Rick Brown Concrete & Masonry Company; Martha Hartle Munsch; Joan Heald; C. Carlyle Haayland; Nancy Sederberg; Geraldine Moore; Bruce Armitage; Bonnie McClain; Joyce Keenan; Tim Zgonc; Mary Jo Yusko-Howser; Susan Breckenridge; Judy Newton; Tom Nichols; Sherry Lynn Cowan; Mervin Newton; Mark Delmaramo; Emerson Heald; Linda Kahler; Frank Connely.
CourtU.S. Court of Appeals — Third Circuit

John M. Emerson (Pro Se), Corry, PA, Martha H. Munsch, Reed, Smith, Pittsburgh, PA, Counsel for Appellees Thiel College, Martha Hartle Munsch, Joan Heald, C. Carlyle Haayland, Nancy Sederberg, Geraldine Moore, Bruce Armitage, Bonnie McClain, Joyce Keenan, Tim Zgonc, Mary Jo Yusko-Howser, Susan Breckenridge, Judy Newton, Tom Nichols, Sherry Lynn Cowan, Mervin Newton, Mark Delmaramo, Emerson Heald, Linda Kahler, and Frank Connely.

Louis C. Long, Meyer, Darragh, Buckler, Bebenek & Eck, Pittsburgh, PA, Counsel for Appellees Rick Brown and Rick Brown Concrete & Masonry Company.

BEFORE: RENDELL, ALDISERT and GREENBERG, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

Appellant John M. Emerson, proceeding pro se, appeals the order of the District Court dismissing his complaint against Thiel College ("Thiel"), Rick Brown Concrete & Masonry Company, an outside contractor for Thiel (the "Masonry Company"), Rick Brown and nineteen other individuals, including Thiel's former President, Vice President of Academic Affairs, members of its faculty and staff and outside legal counsel (the "individual college defendants"). Emerson alleges violations of Title III of the Americans with Disabilities Act, 42 U.S.C. §§ 12181-12189 (the "ADA"), Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-2000e-17. For the reasons stated below, we will affirm.

I.

Emerson enrolled in a five-week summer session at Thiel in July of 1996. He took a writing course, in which he received a grade of D+, and a humanities course, from which he withdrew. In the fall of 1996, Emerson enrolled in two computer courses, a math course and a public speaking course. Due to an off-campus injury, Emerson requested, and Thiel granted, leave to withdraw from his classes for medical reasons. In January of 1997, Emerson enrolled in math, computer, English composition and history courses. He withdrew from all of these courses with the exception of English composition, which he failed. Emerson received a grade of A in a one credit swimming class. At the end of the 1996-1997 school year, Emerson had earned one credit. Thiel suspended Emerson due to his failure to make satisfactory academic progress towards completion of his graduation requirements. Although Thiel allows suspended students to apply for readmission after one semester, Emerson did not seek readmission.

Emerson avers in his amended complaint that he suffers from quadriplegia, neurological impairments and other disabilities. He states that Thiel and his professors failed to accommodate his disabilities and provide the assistance he needed to succeed in class. Emerson alleges, among other things, that the faculty and staff failed to provide him tutors and notetakers, a desk at the front of the class and help with heavy objects, and that college officials failed to supervise the faculty and staff. He also maintains that Thiel failed to repair its sidewalks and install proper doors and ramps. Emerson seeks declaratory and injunctive relief, including reinstatement at Thiel, and damages.

In January of 1999, the individual college defendants, Rick Brown and the Masonry Company moved to dismiss Emerson's amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted.1 After receiving a notice of delinquency, on May 26, 1999, Emerson filed the last of his briefs in response to the motions. On August 6, 1999, following a hearing, the District Court granted the motions with respect to the individual college defendants and Rick Brown, and afforded Emerson ten days to replead his claims against the Masonry Company.

Emerson failed to timely file a second amended complaint and the District Court ordered him to do so by October 8, 1999 or show cause why his case should not be dismissed. The Masonry Company also renewed its motion to dismiss. In response to Emerson's statement that he could not read the court's orders due to the type size, on October 29, 1999, the District Court afforded Emerson twenty days to amend his complaint, denied the Masonry Company's motion and directed that all documents be produced in a larger type size. On December 3, 1999, Emerson moved to stay the case until February 7, 2000 because of injuries allegedly sustained in two car accidents. The District Court granted a stay until February 1 and extended its initial discovery and motion deadlines.

On January 20, 2000, the Masonry Company moved the court to set aside the stay and grant its motion to dismiss as Emerson had not amended his complaint in accordance with the October 29 order. On February 9, 2000, Emerson moved to extend the stay until February 16. The District Court held a conference call with the parties and inquired about Emerson's medical condition. Based upon Emerson's statement that he would be able to participate in the litigation, the District Court denied the pending motions and ordered Emerson to file his second amended complaint by March 5, 2000 or it would dismiss the Masonry Company as a party.

Emerson filed a second amended complaint and Thiel moved to strike it, contending that Emerson improperly sought to replead his claims against the individual college defendants and add new defendants. On May 19, 2000, the Masonry Company moved to dismiss the complaint, contending that Emerson failed to cure the deficiencies in the original complaint. On June 20, 2000, Thiel moved for summary judgment.

Emerson did not respond to the summary judgment motion by the deadline in the case management order. On August 17, 2000, the District Court ordered Emerson to do so by September 11, 2000 and scheduled a hearing for September 14, 2000. On September 14, Emerson moved to stay the action until November 18, 2000 due to an injury. The District Court ordered Emerson to provide a physician's letter confirming his medical condition by October 24, 2000. Emerson moved for an extension of time until November 10, 2000 to respond to the court's order and submitted a hospital discharge summary dated June of 2000. On November 9, 2000, he filed a doctor's certificate stating that he was able to return to work or school on January 2, 2001.

On November 20, 2000, the District Court scheduled a hearing on all pending motions for November 28. Emerson failed to attend. In an order entered on December 15, 2000, the District Court denied Emerson's motions to stay and for an extension of time as moot, granted the Masonry Company's motion to dismiss and granted Thiel's motion to strike the second amended complaint with respect to the individual and new defendants. The District Court sua sponte extended Emerson's time to file a response to Thiel's summary judgment motion until January 10, 2001, and ordered that it would construe a failure to respond as consent to the relief requested.

On January 17, 2001, Emerson moved to stay the action until February 22, 2001. The District Court ordered oral argument on the motion and on whether the action should be dismissed for failure to prosecute and to comply with its orders. On February 20, 2001, after the hearing, the District Court denied Emerson's motion for a stay and dismissed the complaint against Thiel with prejudice for failure to prosecute. In the alternative, the District Court granted Thiel's motion for summary judgment. This appeal followed. We have jurisdiction pursuant to 28 U.S.C. § 1291.

II.

We first review the District Court's order granting the individual college defendants' and Rick Brown's motions to dismiss for failure to state a claim. Our standard of review is plenary. Menkowitz v. Pottstown Memorial Med. Ctr., 154 F.3d 113, 115 (3d Cir.1998). A complaint will withstand an attack under Federal Rule of Civil Procedure 12(b)(6) if the material facts as alleged, in addition to inferences drawn from those allegations, provide a basis for recovery. Id. at 124-25. In dismissing Emerson's claims, the District Court concluded that individuals cannot be held liable under Title III of the ADA, § 504 of the Rehabilitation Act and Title VII of the Civil Rights Act of 1964.

Whether individuals may be liable under Title III of the ADA, which prohibits discrimination in places of public accommodation, is an issue of first impression in the courts of appeals. The statute provides in relevant part that:

No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.

42 U.S.C. § 12182(a) (emphasis added). The regulations under the statute provide that discrimination is prohibited by any private entity that owns, leases (or leases to) or operates a place of public accommodation, 28 C.F.R. § 36.201(a), and that "private entity" means a person or entity other than a public entity. 28 C.F.R. § 36.104. Thus, the individual college defendants and Brown may be liable under Title III if they own, lease or operate Thiel, a place of public accommodation. See also 28 C.F.R.App. B. § 36.104 (discussing definition of private entity).2

To the extent Emerson contends that the individual college defendants operate Thiel, in Neff v. American Dairy...

To continue reading

Request your trial
944 cases
  • Wright v. Carroll Cnty. Bd. of Educ.
    • United States
    • U.S. District Court — District of Maryland
    • 26 Agosto 2013
    ...because they did not qualify as a "program or activity receiving federal financial assistance"); see also Emerson v. Thiel Coll., 296 F.3d 184, 190 (3d Cir. 2002) (per curiam) (holding that disabled college student failed to state a claim under the Rehabilitation Act against individual defe......
  • Taylor v. Norwalk Cmty. Coll.
    • United States
    • U.S. District Court — District of Connecticut
    • 28 Septiembre 2015
    ...cases); and Montez v. Romer, 32 F.Supp.2d 1235, 1240-41 (D.Colo.1999) (same as to Title II and § 504)). See also Emerson v. Thiel Coll., 296 F.3d 184, 189 (3d Cir. 2002) ("This result comports with decisions of other courts of appeals holding that individuals are not liable under Titles I a......
  • Doe v. Del. Valley Sch. Dist.
    • United States
    • U.S. District Court — Middle District of Pennsylvania
    • 11 Noviembre 2021
    ...such claims against the School District, not the individual Defendants acting in their individual capacity. See Emerson v. Thiel Coll., 296 F.3d 184, 189-190 (3d Cir. 2002) (defendants not subject to individual liability under ADA or Rehabilitation Act); A.W. v. Jersey City Pub. Schs., 486 ......
  • Douris v. Schweiker
    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • 23 Octubre 2002
    ...may be liable under Title III of the ADA if they own, lease, or operate a place of public accommodation. Emerson v. Thiel College, 296 F.3d 184, 189 (3d Cir.2002) (per curiam). In Thiel, the individual defendants did not operate the college and could not be held individually liable under Ti......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT