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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Blackhouse v. Doe, 2011 ME 86 (2011)

Citation
Blackhouse v. Doe, 2011 ME 86 (2011)
Parent Document
Blackhouse v. Doe, 2011 ME 86 (2011)
Jurisdiction
Maine (state)
Effective Date
2011-08-04

Other Sections in This Document (108)

Full Text

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[¶ 18] This Court holds that Black-house’s request for reasonable accommodation of his alleged disability requires that we accept as true all allegations, no matter how bizarre, and gives a plaintiff license to maintain a bizarre, vexatious, or incredible claim that a trial court would— as it did here — dismiss were it not brought by one claiming a disability. I do not agree that our laws providing protections for individuals with disabilities go so far as to require courts to accredit claims *77brought by persons claiming a disability, when those same claims would be dismissed, and perhaps sanctions imposed, if asserted by an individual not claiming a disability. That is not equal treatment; it is preferential treatment. And such preferential treatment poses significant risk that, in the name of reasonable accommodation, court processes may be abused to the detriment of vulnerable individuals who are the targets of bizarre, vexatious, or incredible claims that a court accredits and allows to proceed.