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Try CasePortal for FreeJ. Wood partially grants the department's motion to dismiss a civil rights and disability discrimination action brought by an individual arising from his DUI arrest after he failed three balance-oriented tests but registered a blood-alcohol content of zero on a breathalyzer test. The individual alleges that he was unfairly arrested due to the balance-impairing symptoms of his hydrocephalus disability. The ADA and Rehabilitation Act claims against the department for money damages are dismissed. However, the claims for declaratory and injunctive relief may move forward, as well as the civil rights claim against the police officer. The officer is not entitled to qualified immunity because he lacked arguable probable cause to arrest the individual. The commissioner's motion to dismiss is granted because the individual failed to properly serve him.