United States First Circuit

Because the record might support plaintiff's claim for failure to accommodate under the Rehabilitation Act, and because defendants failed to address either the facts or the law buttressing this claim, summary judgment is reversed. Defendants did not contest plaintiff's assertion that her major depression substantially limited one or more major life activities, or raise any argument on the evidence regarding reasonable accommodation.

Appellate Information

• Decided 01/14/2004
• Published 01/14/2004

Judges

• PONSOR, District Court Judge., Before SELYA, Circuit Judge, LIPEZ, Circuit Judge, and PONSOR , District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Sylvia I. Calero-Cerezo, pro se., Fidel A. Sevillano-Del Rio, Assistant United States Attorney, with whom H.S. Garcia, United States Attorney, and Miguel A. Fernandes, Assistant United States Attorney, were on brief for the United States.