Filed Date: Aug. 28, 2019
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This is a case alleging disability discrimination in a scuba diving business's operation.
On August 28 2019, plaintiffs, two individuals with disabilities, filed a complaint against the Diveheart Foundation asserting that the scuba diving business engaged in disability discrimination under the Americans with Disabilities Act and the state’s human rights act when the business unjustifiably and unlawfully modified and/or revoked the Plaintiffs’ scuba diving certifications. The complaint was filed in the U.S. District Court for the Northern District of Illinois. Plaintiffs sought declaratory judgment, injunctive relief, and damages for denial of access to, and the full and equal enjoyment of, the goods, services, facilities, privileges, advantages, or accommodations of the business. The case was assigned to District Judge Rebecca R. Pallmeyer and to Magistrate Judge Sheila M. Finnegan.
On January 10, 2020, defendant filed a complaint and a counterclaim. In its counterclaim, defendant sought to "redress false, misleading, and defamatory statements made by [plaintiff]...". Defendant alleged that plaintiff launched a "defamatory attack" on defendant by spreading false information about defendant's business in a press release and social media posts. Defendant sought an injunction that the plaintiff be ordered to take down the defamatory social media posts and enjoined from publishing any additional false or defamatory statements concerning defendant; plaintiff publish a public retraction of the statements; and actual and consequential, assumed, and punitive damages.
On February 14, 2020, plaintiff filed a motion to dismiss. Plaintiff alleged that defendant failed to state a claim because the statements at issue were "non-actionable statements of opinion." Plaintiff also alleged that defendant challenged statements that were not defamatory, and other statements were not directed towards defendant. Plaintiff also alleged that defendant failed to plausibly plead actual damages.
As of September 2024, there has been no activity on the docket since then. The status of the case is unknown.
Summary Authors
NDRN (1/1/2024)
Madilynn O'Hara (9/5/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16121946/parties/ress-v-the-diveheart-foundation/
Pallmeyer, Rebecca R. (Illinois)
Taylor, Barry Charlton (Illinois)
Weisberg, Rachel M. (Illinois)
See docket on RECAP: https://www.courtlistener.com/docket/16121946/ress-v-the-diveheart-foundation/
Last updated Sept. 3, 2024, 2:38 p.m.
State / Territory: Illinois
Case Type(s):
Key Dates
Filing Date: Aug. 28, 2019
Case Ongoing: Perhaps, but long-dormant
Plaintiffs
Plaintiff Description:
two private plaintiffs
Plaintiff Type(s):
Attorney Organizations:
NDRN/Protection & Advocacy Organizations
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Diveheart Foundation, Non-profit or advocacy
Defendant Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General/Misc.:
Access to public accommodations - privately owned
Disability and Disability Rights:
Discrimination Basis: