Garcia-Figueroa v. Commonwealth of PR , 57 F. App'x 7 ( 2003 )

Not for Publication in West's Federal Reporter
Citation Limited Pursuant to 1st Cir. Loc. R. 32.3
United States Court of Appeals
For the First Circuit
No. 02-1823
IVETTE GARCIA-FIGUEROA,
Plaintiff, Appellant,
v.
COMMONWEALTH OF PUERTO RICO, ET AL.,
Defendants, Appellees.
[Hon. Jay A. García-Gregory, U.S. District Judge]
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
Before
Boudin, Chief Judge,
Campbell, Senior Circuit Judge,
and Lipez, Circuit Judge.
Angel L. Rivera Colon on brief for appellant.
Francisco A. Rullan and Quinones & Sanchez, P.S.C. on brief
for appellees.
March 3, 2003
Per Curiam. After a thorough review of the record and of
the parties' submissions, we affirm. Because appellant failed to
argue below that her Complaint did not include a claim under the
Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. ("ADA"),
the argument is forfeited. See Plumley v. Southern Container,
Inc., 303 F.3d 364, 372 n. 7 (1st Cir. 2002) (arguments raised for
the first time on appeal are forfeited). Whether the complainant
did attempt to state an ADA claim was surely debatable, but the
time and place for that debate in the first instance was in the
district court.
In addition, appellant has failed adequately to argue
that she has a viable ADA claim. Under the rule established in
Board of Trustees v. Garrett, 531 U.S. 356, 373-74 (2001), no cause
of action under the ADA for money damages can lie against the
Commonwealth, the Department of Education, or appellee Fajardo in
his official capacity. See 28 U.S.C. § 2111. Finally, we do not
address whether a cause of action could lie against appellee
Fajardo in his individual capacity, as appellant has not argued the
matter and hence it has been forfeited. See Plumley, 303 F.3d at372 n. 7 (argument not raised in appellate brief is forfeited).
This seems especially appropriate where the appellees addressed the
issue in detail in their appellate brief, yet appellant chose not
to file a reply brief.
Affirmed. See 1st Cir. Loc. R. 27(c).
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