Sean Rutledge Files Suit Against the California State Bar and Chief Counsel Representative Tim Byer

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Lawsuit alleges that the Tim Byer and the Offices of the Chief Counsel of the California State Bar violated Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act by deliberately and willfully denying accommodations needed and requested by Sean Rutledge because of his Type-1 Diabetes.

Under no circumstances will I grant that little Al Capone Any accommodation at all.

Sean Rutledge today announced that he has filed a complaint in the Superior Court of the State of California County of Orange Central Justice Center against Tim Byer, Chief Counsel for the California State Bar, and the California State Bar for violation of Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (case number CV09- 5475 PSG (RCx)).

The complaint, which was filed on July 27, 2009, alleges that Tim Byer and The California State Bar violated Sean Rutledge’s Civil Rights under these acts by refusing to provide Rutledge "any accommodation" necessary because of his Type-1 diabetes. These accommodations would have allowed him to attend a pre-filing, private conference, to defend himself against the filing of charges against him, which could result in his disbarment.

The charges filed against Sean Rutledge in early July outline seven counts of misconduct in handling a loan modification in a case where the individual received a full refund more than two months prior to the State Bar’s complaint. The Rule 7 Conference for this case is scheduled for August 11, 2009.

Rutledge’s presence at the pre-filing could have prevented these unnecessary charges. However, in one response to the initial request Byer allegedly said, “Under no circumstances will I grant that little Al Capone Any accommodation at all.” Additional written requests were ignored.

Rutledge seeks an injunction ordering the Defendants to comply with the statutes. Actual, compensatory and statutory damages for violations of the civil rights under state and federal law as well as punitive damages under federal law are also being sought.

Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act
Title II of the Americans with Disabilities Act (ADA) provides that "no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefit of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity." A "public agency" is defined as "any department, agency, special purpose district, or other instrumentality of a State or States or local government."

Section 504 of the Rehabilitation Act states that "no otherwise qualified individual with a disability…shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance."

For further information call Corvi Urling at (800) 680-5717.

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Corvi Urling

800-680-5717
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Nina Vultaggio

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