What is the test for a plaintiff to argue that he was denied a disability benefit or service by reason of his disability?
MultiRegion, United States of America
The following excerpt is from Harbor v. Cherniss, No. 2:15-cv-0705 AC P (E.D. Cal. 2016):
Simmons v. Navajo County, 609 F.3d 1011, 1021 (9th Cir. 2010) (alteration in original) (quoting McGary v. City of Portland, 386 F.3d 1259, 1265 (9th Cir. 2004)). In other words, he must allege that he was denied a benefit or service accorded similarly situated individuals "by reason of" his disability.
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