By Mitchell Riese and Mitchel Wilson
In Maish v. Napalitano, U. S. District Court for the Western District of Washington denied the Border Patrol’s motion for summary judgment and permitted a Border Patrol applicant’s disability discrimination claims to go to trial. The Court concluded the applicant, Maish, had a viable claim under the federal Rehabilitation Act for disability discrimination when the Border Patrol failed to hire Maish after learning of his mental illness.
By Mitchell Riese and Mitchel Wilson
In Felkins v. City of Lakewood, the U.S District Court of Colorado addressed cross motions for summary judgment and granted defendant’s motion, thereby dismissing plaintiff’s case. The Court ruled that she did not establish that she was disabled.
By Jim Cline and Jordan L. Jones
In City of St. Marys v. Fire Fighters Local 3633, the Ohio Court of Appeals vacated an arbitrator’s award which had reinstated an asthmatic firefighter. The arbitrator had found that the party’s fitness testing language had not been complied with but the Court determined that the arbitrator exceeded his authority in reaching that result.
By Mitchell Riese and Mitchel Wilson
In DeStefano v. City of Philadelphia, the Court dismissed cross motions for summary judgment, concluding that Orlando DeStefano’s disability discrimination claims under the federal Rehabilitation Act may go to trial for a knee injury when the issue is whether patrolling is part of a lieutenant’s essential functions.
