Section 1437d

Citation: Section 1437d
Parent Document: Rucker v. Davis, 237 F.3d 1113 (2001)
Jurisdiction: United States (federal)
Effective Date: 2001-01-24
Original Source: https://www.courtlistener.com/opinion/7086389/rucker-v-davis/ ↗

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Walker’s ADA claim is replete with factual questions, including whether the guests in the apartment were Walker’s or the.caregiver’s, and whether Walker’s disability prevented him from being able to search his caregiver or her guests. There are no answers to these questions at this stage of the proceedings. The district court’s decision to grant the injunction on the ADA claim turns on the application of law to the facts of Walker’s case. The district court applied the proper standard for issuing a preliminary injunction, and appears to have correctly apprehended the law of the ADA. We will not reverse simply because we might reach a different result on the limited facts before us. Gregorio T., 59 F.3d at 1004. A factfinder may ultimately determine that Walker cannot state a claim under the ADA or that OHA provided Walker with a reasonable accommodation by giving him two warnings and two months to find a new caregiver. On the facts before the district court at the time it made its decision, however, the district court did not abuse its discretion in entering the preliminary injunction with respect to Walker’s ADA claim. VI. CONCLUSION

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