Court: United States Court of Appeals for the Ninth Circuit

Filed: 2026-06-16

Docket: 1:22-cv-01333-KES-CDB

The Ninth Circuit affirmed the district court’s dismissal of Philip Koch’s employment discrimination and retaliation lawsuit against California Water Service Company for failure to state a claim under the Americans with Disabilities Act (ADA). Applying de novo review and liberally construing the pleadings as a pro se litigant, the court held that Koch failed to allege sufficient factual matter to plausibly support a claim that the employer “regarded” him as having a disability, had a record of such a disability, or retaliated against him for protected activity. The court found that Koch’s allegations regarding the company’s general COVID-19 policy did not establish a cognizable legal theory or a causal link between any protected activity and an adverse action under 42 U.S.C. §§ 12102(1)–(3) and 12203(a). Consequently, the judgment of the district court remains in effect, and Koch’s claims are dismissed without prejudice to refile if he can plead facts meeting the plausibility standard established in *Ashcroft v. Iqbal* and *Bell Atlantic Corp. v. Twombly*.

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