Case Explained: LATHUS V. ROUND VALLEY JUSTICE COURT, ET AL.

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-08-04 Docket: 3:24-cv-08233-DWL The ninth-circuit affirmed the district court’s dismissal of Joseph Lathus’s civil rights action brought under Title II of the Americans with Disabilities Act, the Rehabilitation Act of 1973, and 42 U.S.C. § 1983. The court held that Lathus abandoned his challenge to the district court’s alternative grounds for dismissal—specifically, immunity and failure to state a plausible claim—by failing to raise them in his opening brief. Additionally, the court found no error in the district court’s treatment of the second amended complaint as the operative pleading, its denial of Lathus’s motions for entry of default and default judgment because defendants had indicated an intent to defend, and its dismissal without leave to amend due to futility. The practical consequence is that the district court’s order dismissing the action is affirmed, all pending motions are denied, and the case is closed. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.