Fourth Circuit -- ASWAN v. Commonwealth of Virginia

ASWAN v. Commonwealth of Virginia

Allegation of a conspiracy to get the homeless out of downtown by building a distant shelter insufficiently pleaded, TKO'd by SOL.

Bare assertion of a Section 1985 conspiracy to get the homeless out of the center of the city insufficiently pleaded under Twombly.

One year SOL in state statute applies to ADA claims brought in Virginia.

Given the allegations of conspiracy, the SOL runs from the building of the out-of-town shelter, not the consequent incidental statutory violations.

Retracting a gratuitous promise is an insufficient basis for an ADA retaliation claim.

Concur/dissent - retraction of gratuitous promise was materially adverse, which justifies the retaliation claim.

Concur/dissent - discrete acts after the opening of the new shelter suffice for SOL reset.