U.S. Court of Appeals for the Eighth Circuit, 2013

Richard Johnson v. Tyson Foods

Richard Johnson v. Tyson Foods
U.S. Court of Appeals for the Eighth Circuit · Decided March 1, 2013 · Bye, Arnold, Shepherd
499 F. App'x 630

Richard Johnson v. Tyson Foods

Opinion

PER CURIAM.

Richard Johnson appeals the district court’s 1 Federal Rule of Civil Procedure 12(b)(6) dismissal of his complaint asserting discrimination under the Americans with Disabilities Act (ADA). Upon de novo review, see Butler v. Bank of Am., 690 F.3d 959, 961 (8th Cir. 2012) (standard *631 of review), we agree with the district court that Johnson-who had been afforded several opportunities to present his claim-failed to allege sufficient facts to state an ADA claim. See Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (complaint must state “more than an unadorned, the-defendant-unlawfully-harmed-me accusation”; conclusory statements of law are insufficient to support claim); Berg v. Norand Corp., 169 F.3d 1140, 1144 (8th Cir. 1999) (setting forth elements of ADA claim). 2 The judgment of the district court is affirmed. See 8th Cir. R. 47B.

Judge ARNOLD dissents.
1

. The Honorable Jimm Larry Hendren, United States District Judge for the Western District of Arkansas.

2

. We decline to consider allegations that Johnson first raised on appeal. See Stone v. Harry, 364 F.3d 912, 914 (8th Cir. 2004) (declining to consider allegations first raised on appeal).

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