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SEPÚLVEDA-VILLARINI v. DEPARTMENT OF EDUC.

Nos. 08-2283, 09-1801.

628 F.3d 25 (2010)

Israel SEPÚLVEDA-VILLARINI, Plaintiff, Appellant, v. DEPARTMENT OF EDUCATION OF PUERTO RICO, et al., Defendants, Appellees. Marta Velázquez-Torruella, Plaintiff, Appellant, v. Alexis Oliveras-Santiago, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 10, 2010.

Attorney(s) appearing for the Case

Mauricio Hernandez Arroyo , with whom Law Offices of Mauricio Hernandez Arroyo was on brief, for appellants.

Susana I. Peñagaricano-Brown , Assistant Solicitor General, with whom Irene S. Soroeta-Kodesh , Solicitor General, Leticia Casalduc-Rabell , Deputy Solicitor General, and Zaira Z. Girón-Anadón , Deputy Solicitor General, were on brief, for appellees.

Before LYNCH, Chief Judge, SOUTER, Associate Justice, and SELYA, Circuit Judge.

SOUTER, Associate Justice.

The issue in each of these consolidated cases is the sufficiency of the complaint to state a claim for failure to accommodate an employee's disability as required by Title I of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111-12117, and § 504 of the Rehabilitation Act, 29 U.S.C. § 794. The district court dismissed each under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. We vacate...

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