Civil Rights

July 23rd, 2019 by Rieders Travis in Civil Rights

CIVIL RIGHTS-POLICE MISCONDUCT-SUICIDE-AMERICANS WITH DISABILITIES ACT Haberle v. Borough of Nazareth, 3rd Cir. No. 18-3429 (August 29, 2019).  SCIRICA, Circuit Judge Plaintiff Nicole Haberle’s long-time partner Timothy Nixon suffered from severe mental illness.  Nixon committed suicide during an encounter with the Borough of Nazareth Police Department, and Haberle sued the Borough.  She alleged that the Police Department’s failure to accommodate mentally disabled individuals constituted a violation of the Americans with Disabilities Act (ADA) and sought money damages. Haberle’s challenge is before us for a second time.  The District Court had previously dismissed her Complaint, which raised the ADA claim and several constitutional claims.  We affirmed in part the District Court’s dismissal, but remanded with instructions to provide Haberle leave to amend her ADA complaint.  After Haberle filed an amended complaint, the District Court dismissed it for failure to allege intentional discrimination.  Because Haberle’s complaint raises a plausible claim that the Police Department was deliberately indifferent in failing to enact policies accommodating mental disability, we will reverse and remand. To make out a claim for monetary damages under the ADA, Haberle must show deliberate indifference on the part of the Borough. …