Hoepfl v. Barlow

MEMORANDUM OPINION

ELLIS, District Judge.

This case presents the question, novel in this circuit, of whether allegations of past discrimination alone establish standing to sue for injunctive relief under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12181 et seq. Plaintiff seeks ADA injunc-tive relief against defendant on the basis of allegations that defendant, a physician, refused to perform surgery on plaintiff because she is HIV positive. She has since had the surgery performed by another physician, but nonetheless still seeks an injunction against this defendant under the ADA…