Poynter v. United States

MEMORANDUM RULING

WALTER, District Judge.

Pending before this Court is Defendants’ Motion to Dismiss pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(6) or, in the alternative, Motion for Summary Judgment pursuant to Rule 56 [docket sheet item 5]. For the reasons assigned herein, Defendants’ motion is GRANTED IN PART AND DENIED IN PART.

STATEMENT OF THE CASE

Betty and Jeff Poynter (“Plaintiffs”) bring this action against the United States of America and United States Postal Service (“Defendants”) for violation of the Architectural Barriers Act [42 U.S.C. § 4151 et seq.] and the…