Pete Wright v. MO Dept. of Mental Health

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 21-3744 ___________________________

Pete Wright

lllllllllllllllllllllPlaintiff - Appellant

v.

Missouri Department of Mental Health

lllllllllllllllllllllDefendant - Appellee ____________

Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________

Submitted: June 2, 2022 Filed: June 7, 2022 [Unpublished] ____________

Before KELLY, ERICKSON, and GRASZ, Circuit Judges. ____________

PER CURIAM.

Pete Wright, who is civilly committed at the Sex Offender Rehabilitation Treatment Services facility of the Missouri Department of Mental Health, appeals the district court’s1 adverse grant of summary judgment in his action under the Americans with Disabilities Act (ADA) and the Rehabilitation Act (RA). After careful de novo review of the record and the parties’ arguments on appeal, we find no basis for reversal. See Baribeau v. City of Minneapolis, 596 F.3d 465, 473, 484 (8th Cir. 2010) (noting standard of review and listing requirements of Title II ADA claim); Gorman v. Bartch, 152 F.3d 907, 912 (8th Cir. 1998) (noting ADA is similar in substance to RA and cases interpreting them are applicable and interchangeable); see also Brunckhorst v. City of Oak Park Heights, 914 F.3d 1177, 1183 (8th Cir. 2019) (stating defendant is not required to accommodate plaintiff based on plaintiff’s preference). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________

1 The Honorable Rodney W. Sippel, Chief Judge, United States District Court for the Eastern District of Missouri.

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