Wednesday, November 10, 2010

And Bill White loses again in court, tried to argues his mental illness was discriminated against.

Thanks to Meghan for sending me this via another email account.

From the public records: William A. White v. Secor Inc., et al
Case 7:2010-cv-00428
Document 20

“… Plaintiff complains that Rita Parker, the Director of the LCCC [Lebanon Community Correction Center], will not accept him from the Bureau of Prisons (“BOP”). The LCCC provides a half-way house programming for the BOP. Plaintiff argues that the defendants will not accept him into the half-way house program because of his alleged Narcissistic Personality Disorder and on-going violent behaviors. Plaintiff argues that the defendants are discriminating against him, in violation of the ADA [Americans with Disabilities Act], by not allowing him to participate in the half-way house program because of “the perception” of his personality disorder. Plaintiff filed a substantially similar action in White v. Secor, Inc., No. 7:10-cv-00345 (W.D. Va.), and plaintiff requests that the court take judicial notice of it. Plaintiff filed in that action a copy of a letter to establish his attempts to exhaust administrative remedies. Plaintiff also acknowledged in his prior complaint that he “does not actually suffer from Narcissistic Personality Disorder.” Plaintiff states that the diagnosing physician used improper methodology, and it was subsequently determined that the physician could not substantiate his diagnosis. Plaintiff requests as relief in the instant action an injunction compelling the defendants to accept his transfer from the Bureau of Prisons and damages of $1,000 per day after September 27, 2010 that the plaintiff is not transferred to the LCCC.

…To state a claim under Title III of the ADA, a person alleging discrimination must show, inter alia, that he is disabled within the meaning of the ADA and the defendant is a private entity that owns, leases, or operates a place of public accommodation…([including] an inn, … restaurant, a motion picture house,… an auditorium, … or other place of public gathering;”). However, by plaintiff’s own admission, plaintiff is not disabled within the meaning of the ADA. Plaintiff alleged that he does not, in fact, suffer from Narcisstic Personality Disorder. Thus, plaintiff does not qualify for relief under the ADA. Moreover, plaintiff fails to establish that the private correctional facility is a place of public accommodation… [DELETED - PREVIOUS CASES WHICH FOUND THAT A PRISON IS NOT A PLACE OF PUBLIC ACCOMMODATION UNDER THE LAW / PLACES OF PUBLIC ACCOMMODATION DO NOT INCLUDE PRISONS]. Accordingly, the court dismisses the action without prejudice as frivolous because plaintiff readily admitted he is not disabled and seeks a prison transfer under ADA. III.

For the foregoing reasons, the court dismisses the complaint without prejudice as frivolous, pursuant to 42 U.S.C. …1997e(c), and denies the remaining motions as moot…”

ENTER: this 5th day of November, 2010. James C. Turk Senior United States District Judge

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