John J. Pastore v. Tomi E. Pastore

Title II of the Americans with Disabilities Act applies to state judicial services and requires reasonable modifications to rules, policies, or procedures when necessary to prevent disability-based exclusion. Tennessee v. Lane, 541 U.S. 509 (2004); 42 U.S.C. § 12132; 28 C.F.R. § 35.130(b)(7)(i). The question presented is: Whether Title II requires a state appellate court, when it accepts and adjudicates a motion to reinstate supported by specific federal disability-access authorities, to consider the litigant's individual need for a reasonable modification before denying reinstatement and leaving in place a procedural dismissal that rested on a categorical conclusion that filing tasks could not implicate concentration or processing.