Public Employees Cannot Sue under Section 1983 for Violations of Title I of the ADA: Ninth Circuit | Practical Law
In Okwu v. McKim, the US Court of Appeals for the Ninth Circuit held that public employees cannot use Section 1983 of Title 42 of the US Code to vindicate rights under Title I of the Americans with Disabilities Act (Title I) that were allegedly violated by a public employer. The comprehensive remedial scheme provided by Title I manifests Congress's intent to preclude remedies under Section 1983 for alleged violations of Title I substantive rights.