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CABLE v. DEPARTMENT OF DEVELOPMENTAL SERVICES

No. SA CV 96-1190-GLT[cc].

973 F.Supp. 937 (1997)

William CABLE, M.D., Plaintiff, v. DEPARTMENT OF DEVELOPMENTAL SERVICES OF THE STATE OF CALIFORNIA, et al., Defendant.

United States District Court, C.D. California, Southern Division.

July 15, 1997.

Attorney(s) appearing for the Case

Francis X. Hardiman, Hardiman & Cahill, Santa Ana, California, for Plaintiff.

Thomas Scheerer, Deputy Attorney General, Los Angeles, California, for Defendants.

ORDER ON DEFENDANT'S MOTION TO DISMISS

TAYLOR, District Judge.

The motion to dismiss is granted in part and denied in part. Among other things, the court holds (1) exhaustion of administrative remedies is not required before bringing an ADA Title V retaliation claim for objecting to unlawful practices under ADA Title II, and (2) a California public entity's failure to provide services to disabled persons in the "most integrated setting appropriate" is actionable...

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