Briggs v. Walker

MEMORANDUM AND ORDER

CROW, Senior District Judge.

The case comes before the court on the defendant’s motion to dismiss for failure to state a claim upon which relief can be granted. (Dk.6). Alleging she is a “qualified individual,” as defined by 28 C.F.R. § 35.130(b)(6), the plaintiff brings this action under Title II of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12131, et seq. seeking declaratory and injunctive relief against the defendant Director of Vehicles of the Kansas Department of Revenue. The plaintiff, who uses a wheelchair for mobility, alleges that the defendant…