By Reba Weiss and Harrison Owens

In Coleman-Lee v. Government of the District of Columbia, a U.S. Court of Appeals affirmed a D.C. District Court’s dismissal of a correctional officer’s lawsuit for disability discrimination.  In his complaint, the correctional officer argued that he was discriminated against when he was terminated for falling asleep on the job, which he claimed was caused by his diabetes.  The jury found that the officer was not disabled within the ADA’s definition, as he did not show that he could not have controlled his diabetes.  The Court of Appeals affirmed the jury’s decision, as his case was not appealed correctly.

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By Reba Weiss and Harrison Owens

In Kuehn v. Snohomish County, the Washington State Court of Appeals affirmed the dismissal of a Road Maintenance worker’s claims against the County for wrongful termination and disability discrimination in violation of Washington’s Law Against Discrimination (WLAD) and Family Leave Act (WFLA).  In his suit, the worker claimed that the County wrongfully terminated him for repeated tardiness allegedly caused by a sleeping disorder, and wrongfully decided to discontinue accommodating his disability.  The trial court found that the worker waited too long to file his lawsuit, and granted the County’s motion for summary judgment.  The Court of Appeals affirmed the trial court, holding that the legal time-limit to file the worker’s lawsuit began its countdown from the moment he received notice of his impending termination from his employer.

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By Reba Weiss & Harrison Owens

In Allen v. Baltimore County, a Maryland District Court allowed a corrections officer to continue with his claim for disability discrimination under the ADA against his employer.  In his complaint, the officer claimed that his employer had caused him to sign a demotion agreement and terminated him because he suffered from an inflammatory disease.  The District Court found that the officer could have performed his job if his employer had accommodated his disability, such as by allowing him time to take his medication or giving him light duty.

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By Erica Shelley Nelson and Brennen Johnson

In Michael v. City of Troy Police Dep’t, a U.S. District Court dismissed a lawsuit for disability discrimination brought by a former police officer against the City of Troy, Michigan. In his lawsuit, the Officer claimed that the police department wrongly believed he was disabled and then placed him on unpaid leave based on that belief. He also claimed that the City failed to provide any reasonable accommodations for what it perceived to be a disability before placing him on leave. The Court determined that the lawsuit should be dismissed because the Officer was not entitled to a reasonable accommodation and, even if he was, the City had legitimate reasons for denying those accommodations to the Officer.

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By Reba Weiss and Brennen Johnson

In Sherman v. County of Suffolk, a U.S. District Court determined that a former correctional officer presented legitimate allegations that the County of Suffolk, New York, discriminated against him based on his disability. In his lawsuit, the former officer alleged that the County discriminated against him based on a leg injury he sustained during training as a recruit. The County then filed a motion for summary judgment, arguing that there was no evidence to prove that discrimination was the reason that the former officer lost his job. Although the County convinced the Court that no medical evidence could support an inference that the Officer actually suffered from a disability, the Court concluded that reliable evidence suggested that the County still perceived him as disabled and fired him because of that perception.

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By Mitchell Riese and Mitchel Wilson

In Nelson v. City of New York, the U.S. District Court for the Southern District of New York denied the City’s motion for summary judgment and permitted the plaintiff’s disability discrimination claim to go to trial. The Court reasoned that there was no clear evidence that the former officer could not perform the essential functions of the job and that the issue was proper for trial.

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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.

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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.

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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.

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