Legal Question in Employment Law in Pennsylvania
Lawsuit Question
Hi, I currently have an "ADA" case pending in Fed. court. Since then, I have been informed by an attorney that the ADA case could be weak as far as monetary damages is concerned. However, I have been informed that the elements in my case would be well served if the claim would have been filed under a civil rights violation to wit: due process of law under the 14th amendment. I come under civil service. My question is: Can I file a separate suit in addition to the pending ADA suit? Or would I have to drop the ADA suit and refile an new one?
thanks,
--name removed--
1 Answer from Attorneys
Re: Lawsuit Question
Assuming your ADA claim and Civil Rights claim would be against the same Dept, you should have your complaint amended to include both actions. Keep in mind that the ADA is not really designed for damage cases but for injunctive relief.