Plaintiffs who sue under the Americans with Disabilities Act must prove that discrimination against them is intentional in order to win compensatory damages, the Ninth Circuit U.S. Court of Appeals ruled Thursday.
“In the absence of proof of discriminatory animus, compensatory relief should not be allowed,” wrote Seventh Circuit Judge Harlington Wood Jr., who was sitting by designation. Judge Pamela Rymer concurred, while Judge A. Wallace Tashima dissented in Ferguson v. City of Phoenix , 98 C.D.O.S. 6943.
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