PTSD Not Shown to Impair any “Major Life Activities”; ADA Disability Discrimination Claim Dismissed

From Davis v. NYC Dept. of Corrections et al, 17-cv-3863, 2017 WL 5634123 (E.D.N.Y. Nov. 22, 2017):

Plaintiff fails to state a claim under the ADA. “[T]he [C]omplaint alleges no facts indicating that [Plaintiff’s] PTSD … impaired any life activities,” Soules v. Town of Oxford, 669 F. App’x 54, 56 (2d Cir. 2016), nor does it contain any allegation that Plaintiff was terminated because of his alleged disability or perceived disability, see Giambattista, 584 F. App’x at 25 (affirming dismissal of ADA discrimination claim where “the complaint did not plausibly allege that the [employer] discriminated against [the plaintiff] because of a perceived mental impairment, ‘nor did it set forth any factual circumstances from which a disability-based motivation for such an action might be inferred.’ ” (alterations omitted) (quoting Patane v. Clark, 508 F.3d 106, 112 (2d Cir. 2007))); see also Vega, 801 F.3d at 87 (“[A] plaintiff must allege that the employer took adverse action against her at least in part for a discriminatory reason, and she may do so by alleging facts that directly show discrimination or facts that indirectly show discrimination by giving rise to a plausible inference of discrimination.” (citing Littlejohn, 795 F.3d at 310); see also Biro v. Conde Nast, 807 F.3d 541, 546–47 (2d Cir. 2016) (affirming dismissal of a complaint because the plaintiff’s allegations against the defendants were conclusory and insufficient); Scarola Malone & Zubatov LLP v. McCarthy, Burgess & Wolff, 638 F. App’x 100, 103 (2d Cir. 2016) (affirming dismissal of a plaintiff’s claims because he failed to “include any factual allegations to support” the claims). For these reasons, Plaintiff has not stated a claim under the ADA.

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