Multnomah County, Oregon v. David Updike, et al.

Under this Court’s jurisprudence, the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12132, and Section 504 of the Rehabilitation Act (“§ 504”), 29 U.S.C. § 794, require a showing of discriminatory intent prior to an award of compensatory damages. Petitioner operates a county jail in Portland, Oregon. Respondent, a frequent visitor to Oregon jails, is hearing-impaired. In January 2013, he spent two nights at the jail, achieving the routine booking and pretrial release matters through writing. No mistakes were made on his admission, housing, or release. Because respondent claimed he requested an ASL interpreter, however, the Ninth Circuit determined that a genuine dispute of fact existed as to whether petitioner committed intentional discrimination, requiring it to compensate respondent for the emotional distress associated with not receiving his first-choice accommodation. THE QUESTION PRESENTED IS: Is the level of discriminatory intent required to award compensatory damages under the ADA and § 504 “discriminatory animus,” as three circuits have held, or “deliberate indifference,” as five circuits have held, and can the provision of an effective accommodation amount to discriminatory intent?