Clubb v. Southern New Hampshire Health System

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Dewayne R. Clubb
v. Civil No. 16-cv-370-PB
Opinion No. 2017 DNH 010
Southern New Hampshire Health System
O R D E R
Dewayne Ray Clubb has sued Southern New Hampshire Health
System for injunctive relief and damages. Construed generously,
his complaint asserts a claim under Title III of the Americans
with Disabilities Act (“ADA”). Southern New Hampshire Health
System has responded with a motion to dismiss contending that
Clubb’s damages claim must be dismissed because damages are not
authorized under Title III of the ADA. The defendant also
contends that Clubb does not have standing to seek injunctive
relief.
Southern New Hampshire Health System is correct in claiming
that damages are not available to a private plaintiff suing
under Title III of the ADA. See Goodwin v. C.N.J., Inc., 436
F.3d 44, 50 (1st Cir. 2006). Accordingly, Clubb’s claim for
damages is dismissed.
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To be entitled to injunctive relief for a violation of
Title III of the ADA, an injured plaintiff must demonstrate a
“real and immediate threat of repeated injury.” Ervine v.
Desert View Reg’l Med. Ctr. Holdings, LLC, 753 F.3d 862, 867
(9th Cir. 2014) (quoting Fortyune v. Am. Multi–Cinema, Inc., 364
F.3d 1075, 1081 (9th Cir. 2004)); accord Disabled Ams. for Equal
Access v. Ferries Del Caribe, Inc., 405 F.3d 60, 64–65 (1st Cir.
2005). Clubb makes no claim that he is likely to again visit
the facility where this unfortunate series of events occurred.
Nor does he make any claim that the defendant’s conduct was
anything more than a one-time occurrence that is unlikely to be
repeated if he were to seek treatment there again in the future.
Under these circumstances, Clubb has not pleaded facts that are
sufficient to establish his standing to sue.
Defendant’s motion to dismiss (doc. no. 3) is granted. In
an accompanying order, I deny Clubb’s motion to amend (doc. no.
7). The clerk is directed to enter judgment accordingly and
close the case.
SO ORDERED.
/s/Paul Barbadoro
Paul Barbadoro
United States District Judge
January 17, 2017
cc: Dewayne R. Clubb, pro se
Marrielle B. Van Rossum, Esq.
Beth G. Catenza, Esq.
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