Kimberly A. Dorsett successfully defended, with Amanda Bain, CP against an Americans with Disabilities Act (“ADA”) discrimination claim, a § 1983 civil rights action, and other claimed constitutional violations after a lengthy trial in Brookings, South Dakota. In CITY OF BROOKINGS v. DONNA RAMSAY, d/b/a dhR DESIGN SERVICES LTD., Civ. No. 10-646, the property owner claimed that the City’s refusal to allow construction of deck upon the City’s right-of-way constituted a violation of the ADA. The property owner also claimed that the City, in its refusal to allow the construction, retaliated against her for asserting rights under the ADA and violated her constitutional rights. The trial court rejected the property owner’s claims, finding that the City did not violate the ADA nor the constitutional rights of the property owner, and furthermore did not unlawfully retaliate against the property owner in violation of the ADA.
