United States First Circuit
Cortes-Rivera v. Dep't of Corr. & Rehab of the Commonwealth of Puerto Rico, 09-1858
In plaintiff's suit against Puerto Rico's Department of Corrections and Rehabilitation, and its managing corporation, claiming that his contract to provide medical services was illegally terminated, and that he was discriminated and retaliated against on the basis of disability in violation of Title I of the ADA, district court's grant of summary judgment in favor of the defendants is affirmed where: 1) the district court did not abuse its discretion in finding that plaintiff's filing was late; 2) plaintiff has waived his claim that the district court erred in concluding that he was not an employee for purposes of Title I of the ADA; 3) plaintiff's argument that employment discrimination claims under section 504 are not limited by the definition of employee in Title I of the ADA is waived; and 3) because plaintiff pled the retaliation claim as a state-law claim, the district court, having dismissed the federal claims, permissively dismissed the pendent state claim.
Appellate Information
- Decided 11/16/2010
- Published 11/16/2010
Judges
Court
- United States First Circuit
Counsel
- For Appellant:
- Wilma E. Reverón-Collazo, Michelle Camacho-Nieves