Where a plaintiff has filed a complaint under the Americans with Disabilities Act, the plaintiff has sufficiently alleged that the defendants’ discipline of her was caused by “unfounded stereotypes and assumption arising from [her] relationship with her disabled son,” so a motion to dismiss should be denied.
“The Defendants have moved to dismiss Count One of the Complaint that alleges a violation of the Americans with Disabilities Act (‘ADA’) and to dismiss Care New England Health System (‘Care New England’) as a Defendant. …
“… The Defendants challenge the sufficiency of [the plaintiff]’s Complaint but seem to have forgotten that all plausible allegations and all reasonable inferences that can be drawn therefrom, are to be credited to the plaintiff, who still has the obligation in Fed. R. Civ. P. 8(a)(2) to simply provide ‘a short and plain statement of the claim showing that the pleader is entitled to relief.’
“Here, [the plaintiff] has alleged enough plausible facts to show that the Defendants’ disciplining of her was caused by ‘unfounded stereotypes and assumption arising from [her] relationship with her disabled son.’ Oliveras-Sifre v. Puerto Rico Dep’t of Health, 214 F.3d 23, 26 (1st Cir. 2000). …
“… Because [the plaintiff] has met this basic pleading requirement at this stage of the litigation, her ADA claim must be allowed to proceed to the discovery part of the litigation.
“The same rationale and conclusion is obtained as to Defendants’ Motion to Dismiss Care New...
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