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Bodenstab v. County of Cook, No. 08-1450

By FindLaw Staff on June 22, 2009 | Last updated on March 21, 2019

In an employment discrimination action brought under the Americans with Disabilities Act, district court's grant of summary judgment for defendant is affirmed where: 1) plaintiff's ADA claim fails, as defendant had a legitimate nondiscriminatory reason for firing plaintiff, defendant did not have an obligation to accommodate plaintiff's threats even if they were somehow related to a disability, and plaintiff did not present sufficient evidence that the defendants fired him because he engaged in protected activities; 2) plaintiff's First Amendment retaliation claim fails, as defendant presented undisputed evidence that it fired plaintiff because he threatened to kill his co-workers; 3) plaintiff's supplemental state law claim for common law certiorari fails, as plaintiff bore the burden of proof, and failed to present sufficient evidence; and 4) plaintiff's due process claim fails, as he had more than sufficient notice and an opportunity to be heard on the grounds on which the final Hearing Officer affirmed his termination.  

Read Bodenstab v. County of Cook, No. 08-1450

Appellate Information
Appeal from the United States District Court for the United States District Court for the Northern District of Illinois, Eastern Division.
Argued: February 12, 2009
Decided: June 22, 2009

Before EASTERBROOK, Chief Judge, and FLAUM and MANION, Circuit Judges.
Opinion by MANION, Circuit Judge.

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