Cooper v. Pasadena Unified School District
Opinion of the Court
MEMORANDUM
Hermond Dean Cooper appeals the judgment of the district court dismissing his case following the court’s grant of sum
We reverse the district court’s dismissal of Cooper’s claims brought under § 504 of the Rehabilitation Act (“RA”), 29 U.S.C. § 794.
We also reverse the district court’s dismissal of Cooper’s claims brought pursuant to Title I of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12112, on the basis that PUSD waived its sovereign immunity defense by raising the defense late in the case. See Demshki v. Monteith, 255 F.3d 986, 989 (9th Cir. 2001) (“Eleventh Amendment immunity is an affirmative defense that must be raised ‘early in the proceedings’ to provide ‘fair warning’ to the plaintiff.”) (citation omitted) (quoting Hill v. Blind Indus. & Servs., 179 F.3d 754, 761 (9th Cir. 1999), amended by 201 F.3d 1186 (9th Cir. 2000)); Hill, 179 F.3d at 756-58 (finding that the state waived the Eleventh Amendment immunity defense by raising the defense so late in the case); cf. Fed.R.Civ.P. 8(c) (requiring affirmative defenses to be raised in the answer to the complaint).
We affirm the district court’s dismissal of Cooper’s claims brought pursuant to 42 U.S.C. § 1981 as barred by the statute of limitations. On appeal, Cooper raises for the first time the argument that the district court improperly narrowed his § 1981 claim to an allegation of wrongful termination. We decline to address this issue. See El Paso v. Am. W. Airlines (In re Am. W. Airlines, Inc.), 217 F.3d 1161, 1165 (9th Cir. 2000) (stating that we generally will not consider arguments raised for the first time on appeal, absent exceptional circumstances).
Finally, we affirm the dismissal of Cooper’s claims brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2. See Villiarimo v. Aloha Island Air, Inc., 281 F.3d 1054, 1062-63, 1068 (9th Cir. 2002) (affirming the district court’s grant of summary judgment, stating that, even if the plaintiff made a prima facie case, she had not demonstrated that her employer’s explanations for her termination were pretextual).
For the foregoing reasons, the judgment of the district court is AFFIRMED in part and REVERSED and REMANDED in part for further proceedings consistent with this disposition.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. Because the parties are familiar with the facts, we do not recite them here, except as necessary to aid in understanding this disposition.
Reference
- Full Case Name
- Hermond Dean COOPER, Plaintiff—Appellant v. PASADENA UNIFIED SCHOOL DISTRICT
- Cited By
- 1 case
- Status
- Published