Brown v. Whole Foods, No. 13-7156 (D.C. Cir. 2015)
Annotate this CasePlaintiff filed suit against Whole Foods, alleging mistreatment that amounted to discrimination based on his disability and his race. Plaintiff suffers from a cognitive disability due to traumatic brain injury. He alleged that Whole Foods employees mistreated him and eventually orchestrated his false arrest for theft and trespassing. The court dismissed the suit. The court concluded, however, that plaintiff's pleadings set out allegations sufficient to survive dismissal of his Americans with Disabilities Act (ADA), 42 U.S.C. 12182(a), claim. The court held plaintiff's Civil Rights Act of 1964 (CRA), 42 U.S.C. 2000a(a), claim in abeyance until he complies with the CRA notice provision. Accordingly, the court reversed the dismissal of both the ADA and CRA claims and remanded for further proceedings.
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