Firing was a discrete act that started the clock for administrative exhaustion with respect to any claims arising from the firing.
Medical evidence sufficed for dismissal of statutory disability claim.
Unpleasant and rude conduct did not present an issue for trial on a claim of actionable harassment.
Medical evidence precluded ADA reasonable accomodations claim.
Insufficient causation for retaliation claim.
http://media.ca8.uscourts.gov/opndir/18/07/164343P.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.
Showing posts with label ADA. Show all posts
Showing posts with label ADA. Show all posts
Ninth Circuit: Richard Vos v. City of Newport Beach
Given the perimeter of police officers with guns, tasers, and dogs, the necessity of killing the gentleman running towards the exit of the 7-11 presents a genuine issue of disputed fact for trial.
Qualified immunity for officers, as circuit precedent as to the appropriate bounds of behavior when dealing with odd, threatening people carrying sharp things was a bit unclear; question of municipal liability remanded.
As the ADA claim of lack of accommodation isn't dispelled by the fact that the officers didn't initiate the confrontation, the issue of reasonable accommodation presents a question for trial.
State tort definition of negligence reasonableness is distinct from Fourth Amendment reasonableness.
Dissent: Fact of mental illness in the suspect shouldn't change the calculus on the use of deadly force in an exigent situation.
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/06/11/16-56791.pdf
Qualified immunity for officers, as circuit precedent as to the appropriate bounds of behavior when dealing with odd, threatening people carrying sharp things was a bit unclear; question of municipal liability remanded.
As the ADA claim of lack of accommodation isn't dispelled by the fact that the officers didn't initiate the confrontation, the issue of reasonable accommodation presents a question for trial.
State tort definition of negligence reasonableness is distinct from Fourth Amendment reasonableness.
Dissent: Fact of mental illness in the suspect shouldn't change the calculus on the use of deadly force in an exigent situation.
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/06/11/16-56791.pdf
Eighth Circuit: Porfirio Rodriguez v. Wal-Mart Stores, Inc
In an ADA action, occasional delays in a good-faith negotiation are not a basis for equitable estoppel against deft's argument that the agency filing required by the statute wasn't timely.
http://media.ca8.uscourts.gov/opndir/18/06/171737P.pdf
http://media.ca8.uscourts.gov/opndir/18/06/171737P.pdf
Eighth Circuit: A.H. v. St. Louis County, Missouri
Insufficient proof for deliberate indifference S1983 claim relating to jail suicide; a plan to defeat the problem suffices to defeat municipal liability.
Mere performance of the merely ministerial duties exempted from immunity suffices to exculpate from claim.
Improper medical treatment claim can't be brought under disability statutes.
http://media.ca8.uscourts.gov/opndir/18/06/171198P.pdf
Seventh Circuit: Jack Brown v. Kevin Smith
ADA
Question of essential function is for the fact-finder, even where local government holds the qualification to be a prerequisite for the position.
Time allocation was a fair method of determining essential nature of function.
No claim for lack of mitigation, as there was only one bus company in town, and plaintiff started his own business.
Jack Brown v Kevin Smith
Fourth Circuit: John Vannoy v. Federal Reserve Bank
FMLA, ADA
Letter to employee regarding the medical leave did not comport with statute, since it didn't mention right to restoration of status.
Assertion of prejudice by plaintiff makes the lack of notice a genuine issue of material fact for the fact-finder at trial.
Plaintiff must make an evidentiary showing of pretext to present a genuine issue where deft has established a bona fide reason for the allegedly retaliatory act.
No equitable basis for ADA claims.
John Vannoy v. Federal Reserve Bank
First Circuit: Velez-Ramirez v. Commonwealth of Puerto Rico
ADA
Denial of reasonable accommodation is neither an actual nor a constructive discharge for purposes of the Act.
Automatically generated notification via company intranet sufficed for notice, despite actual notice that employee was not in the office.
Velez-Ramirez v. Commonwealth of Puerto Rico
Denial of reasonable accommodation is neither an actual nor a constructive discharge for purposes of the Act.
Automatically generated notification via company intranet sufficed for notice, despite actual notice that employee was not in the office.
Velez-Ramirez v. Commonwealth of Puerto Rico
Fifth Circuit: Jimmie Williams v. J.B. Hunt Transport, Inc.
ADA
Where the plaintiff's physician and the deft's physician disagree on whether the plaintiff is capable of doing the job courts may impose a prudential administrative exhaustion requirement to reconcile the physicians' opinions.
Jimmie Williams v. J.B. Hunt Transport, Inc.
Where the plaintiff's physician and the deft's physician disagree on whether the plaintiff is capable of doing the job courts may impose a prudential administrative exhaustion requirement to reconcile the physicians' opinions.
Jimmie Williams v. J.B. Hunt Transport, Inc.
Fifth Circuit: Rochelle Flynn v. Distinctive Home Care, Inc
ADA, Statutory construction
Although a statute incorporated an earlier statute's definition of employment relationships, it did not incorporate the prior statute's requirement that there must be an employment relationship for standing. Independent contractors therefore potentially have a right of action under the second statute.
Circuit split flagged.
http://www.ca5.uscourts.gov/opinions/pub/15/15-50314-CV0.pdf
Although a statute incorporated an earlier statute's definition of employment relationships, it did not incorporate the prior statute's requirement that there must be an employment relationship for standing. Independent contractors therefore potentially have a right of action under the second statute.
Circuit split flagged.
http://www.ca5.uscourts.gov/opinions/pub/15/15-50314-CV0.pdf
Eleventh Circuit:Ernest Edgar Black, et al. Jeff Wigington, et al
S1983
Qualified immunity on trespass, as no actual malice established.
Exclusionary rule does not bar use of illegally obtained evidence to establish probable cause in a civil suit. (!)
No sovereign immunity for Sheriff in ADA claim.
http://media.ca11.uscourts.gov/opinions/pub/files/201510848.pdf
Qualified immunity on trespass, as no actual malice established.
Exclusionary rule does not bar use of illegally obtained evidence to establish probable cause in a civil suit. (!)
No sovereign immunity for Sheriff in ADA claim.
http://media.ca11.uscourts.gov/opinions/pub/files/201510848.pdf
Fifth Circuit: Michael Cannon v. Jacobs Field Svc N Amer, Inc.
ADA
Error to grant summary judgment against ADA claim by engineer unable due to injury to lift hand above head, given the possibility that he might be able to climb ladders properly and do without medication.
Confusing procedural bit at the end on SJ on non-accommodation claim.
http://www.ca5.uscourts.gov/opinions/pub/15/15-20127-CV0.pdf
Error to grant summary judgment against ADA claim by engineer unable due to injury to lift hand above head, given the possibility that he might be able to climb ladders properly and do without medication.
Confusing procedural bit at the end on SJ on non-accommodation claim.
http://www.ca5.uscourts.gov/opinions/pub/15/15-20127-CV0.pdf
Seventh Circuit: EEOC v. AutoZone, Incorporated
ADA
Substantial evidence for denial of claim based on lifting restrictions. Although another person in the shop had a paralyzed arm, the latter was a part-timer who could lift with his other arm.
No error in denial of "team" jury instruction where the re-assigned work was delegate work of the specific position, not a general allocation of duties.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2016/D01-04/C:15-1753:J:Bauer:aut:T:fnOp:N:1681150:S:0
Substantial evidence for denial of claim based on lifting restrictions. Although another person in the shop had a paralyzed arm, the latter was a part-timer who could lift with his other arm.
No error in denial of "team" jury instruction where the re-assigned work was delegate work of the specific position, not a general allocation of duties.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2016/D01-04/C:15-1753:J:Bauer:aut:T:fnOp:N:1681150:S:0
DC Circuit: Penelope Minter v. DC
ADA
No merit to claim based on denial of accommodation, as the agency initially engaged in an interactive process and the bona fides of the claim weren't established at the time of eventual denial.
Ending of employment not a valid basis for claim of retaliation, as plaintiff has burden to prove actual connection, and not just temporal proximity.
https://www.cadc.uscourts.gov/internet/opinions.nsf/A307330F9F02514885257F2A0054809C/$file/14-7118-1590897.pdf
No merit to claim based on denial of accommodation, as the agency initially engaged in an interactive process and the bona fides of the claim weren't established at the time of eventual denial.
Ending of employment not a valid basis for claim of retaliation, as plaintiff has burden to prove actual connection, and not just temporal proximity.
https://www.cadc.uscourts.gov/internet/opinions.nsf/A307330F9F02514885257F2A0054809C/$file/14-7118-1590897.pdf
Subscribe to:
Posts (Atom)