JOHN DAUKAS, Acting Assistant Attorney General
GREGORY B. FRIEL, Deputy Assistant Attorney General
REBECCA B. BOND, Chief
KATHLEEN P. WOLFE, Special Litigation Counsel
KEVIN J. KIJEWSKI, Deputy Chief
STEPHANIE M. BERGER, Trial Attorney
ELIZA DERMODY, Trial Attorney, CABN 255095

U.S. Department of Justice
950 Pennsylvania Avenue, NW – 4CON
Washington, DC 20530
Telephone: (202) 353-5101
Stephanie.Berger@usdoj.gov

MCGREGOR W. SCOTT, United States Attorney
GEOFFREY D. WILSON, Assistant United States Attorney, CABN 238577
United States Attorney’s Office
Robert E. Coyle United States Courthouse
2500 Tulare Street, Suite 4401
Fresno, CA. 93721
Telephone: 559-573-5559
Geoffrey.Wilson@usdoj.gov
ATTORNEYS FOR PLAINTIFF UNITED STATES

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
BAKERSFIELD DIVISION

COMPLAINT

Plaintiff United States of America respectfully alleges:

INTRODUCTION

1. This action is brought by the United States against Defendant Dr. Umaima Jamaluddin, MD, to enforce Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12181-89, as amended, and its implementing regulation, 28 C.F.R. Part 36.
2. Defendant, an obstetrician-gynecologist (“OB/GYN”) doctor, discriminated against the Complainant, an individual with Human Immunodeficiency Virus (“HIV”), when Defendant refused medical care to Complainant because of her HIV, in violation of Title III of the ADA and its implementing regulation.

JURISDICTION AND VENUE

3. This Court has jurisdiction over this action under 42 U.S.C. § 12188(b)(1)(B) and 28 U.S.C. §§ 1331 and 1345.
4. This Court may grant declaratory relief and further necessary or proper relief pursuant to 28 U.S.C. §§ 2201 and 2202 and may grant equitable relief, monetary damages, and a civil penalty pursuant to 42 U.S.C. § 12188(b)(2).
5. Venue is proper in the Eastern District of California pursuant to 28 U.S.C. § 1391(b)(1) because Defendant’s office is located in this district.  Venue is further proper in the Eastern District of California pursuant to 28 U.S.C. § 1391(b)(2) because a substantial part of the events or omissions giving rise to this action occurred in this district. 

PARTIES

6. Plaintiff is the United States of America.
7. Defendant is Dr. Umaima Jamaluddin, MD, an OB/GYN doctor who owns, leases, or operates a professional office located at 100 W. Columbus Street Suite 200, Bakersfield, California 93301, where she provides health care services to patients.
8. Defendant’s office is a place of public accommodation under 42 U.S.C. § 12181(7)(F) and 28 C.F.R. 36.104 because it is a professional office of a health care provider and its operations affect interstate commerce.
9. Complainant is a 58-year-old woman with HIV.
10. Complainant is an individual with a disability within the meaning of the ADA because she has HIV, a physical impairment that substantially limits one or more major life activities, including the function of the immune system, a major bodily function.  42 U.S.C. § 12102; 28 C.F.R. § 36.105(b)(2), § 36.105(d)(2)(iii)(J).

FACTUAL ALLEGATIONS

11. On or about June 13, 2016, Complainant contacted Defendant’s office to make an appointment for a preventative care visit, including a Pap smear.
12. Complainant spoke with Defendant’s employee, Laura Dominguez (“Ms. Dominguez”).
13. In response to Ms. Dominguez’s inquiry about Complainant’s medical history, Complainant disclosed that she had HIV.
14. Ms. Dominguez informed Complainant that Defendant had never dealt with an HIV-positive patient before, so she would ask Defendant about it and call Complainant back.
15. Complainant did not receive a call back from Dr. Jamaluddin’s office.
16. When Complainant called Dr. Jamaluddin’s office back later on June 13, 2016, Ms. Dominguez informed Complainant that Dr. Jamaluddin could not see Complainant because Complainant has HIV.
17. Instead, Ms. Dominguez offered to refer Complainant to Kern Medical Center for treatment.
18. On that same day, June 13, 2016, Complainant filed a grievance against Dr. Jamaluddin with her insurance company, Kern Family Health Care.  Complainant’s grievance recounts the same allegations in ¶¶ 11-17 above.
19. A Pap smear is a routine medical procedure that is not affected by most medical conditions and does not need to be performed by a specialist in the majority of circumstances.
20. An individual with HIV is not high-risk for a Pap smear such that referral to a specialist would be necessary.
21. Complainant experienced anxiety, embarrassment, and emotional distress upon learning that Defendant would not treat her based on her HIV.

CAUSE OF ACTION

Title III of the Americans with Disabilities Act

22. The allegations of the foregoing paragraphs are hereby re-alleged and incorporated by reference as if fully stated herein.
23. Complainant is an individual with a disability because she has HIV, a physical impairment that limits one or more major life activities, including the function of the immune system, a major bodily function.  28 C.F.R. § 36.105(b)(2), 28 C.F.R. § 36.105(d)(2)(iii)(J).
24. Defendant discriminated against Complainant on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations in violation of Title III of the ADA, 42 U.S.C. § 12182(a), and the Title III implementing regulation at 28 C.F.R. Part 36, by denying an individual or class of individuals, on the basis of disability, the ability to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of his office by refusing to provide preventative and gynecological care, in violation of 42 U.S.C. § 12182(b)(1)(A)(i) and 28 C.F.R. § 36.202(a).
25. Defendant has discriminated against a person or group of persons and that raises an issue of general public importance under 42 U.S.C. § 12188(b)(1)(B)(ii).
26. As a result of Defendant’s discriminatory conduct, Complainant suffered emotional distress.  Complainant and other persons who may have been the victims of Defendant’s discriminatory practices are aggrieved persons under 42 U.S.C. §12188(b)(2)(B).

PRAYER FOR RELIEF

WHEREFORE, the United States prays that this Court:

27. Grant judgment in favor of the United States and declare that Defendant violated Title III of the ADA, 42 U.S.C. §§ 12181-89, and its implementing regulation, 28 C.F.R. Part 36;
28. Enjoin Defendant, its officers, agents, employees, and all others in concert or participation with it, from engaging in discrimination against individuals with disabilities, and specifically from failing to comply with Title III of the ADA, 42 U.S.C. §§ 12181-89, and its implementing regulation, 28 C.F.R. Part 36;
1. Order Defendant, its officers, agents, employees, and all others in concert or participation with it, to:
2. Comply with the requirements of Title III of the ADA, 42 U.S.C. §§ 12181-89, and its implementing regulation, 28 C.F.R. Part 36;
3. Revise its policies, practices, and procedures to bring it into compliance with Title III of the ADA, 42 U.S.C. §§ 12181-89, and its implementing regulation, 28 C.F.R. Part 36;
4. Take such affirmative steps as may be necessary to restore, as nearly as practicable, Complainant and other aggrieved persons to the position that they would have been in but for Defendant’s conduct;
29. Award compensatory damages, including damages for pain, suffering, and emotional distress, to aggrieved persons under 42 U.S.C. § 12188(b)(2)(B), for injuries suffered as the result of Defendant’s conduct in violation of Title III of the ADA, 42 U.S.C. §§ 12181-89, and its implementing regulation, 28 C.F.R. Part 36;
30. Assess a civil penalty against Defendant in the maximum amount authorized by 42 U.S.C. § 12188(b)(2)(C), to vindicate the public interest; and
31. Order such other appropriate relief as the interests of justice may require.