United States Seventh Circuit

In an action under the Americans with Disabilities Act and other state laws, dismissal of the claims based on a refusal to exercise supplemental jurisdiction, as well as an order directing defendant to hold a hearing on plaintiff's employment status, are affirmed where: 1) plaintiff failed to establish a prima facie case under the ADA since he could not show that he could perform the essential functions required by the position; 2) an order for a hearing is a proper remedy for a due process violation since awarding damages might produce a windfall for plaintiff; 3) a refusal to exercise supplemental jurisdiction over state law claims was proper; and 4) a motion to alter or amend the judgment was properly denied since there is no basis to do so.

Appellate Information

• Argued 11/09/2007
• Decided 05/16/2008
• Published 05/16/2008

Judges

• MANION, Circuit Judge., Before BAUER, MANION, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Walter P. Maksym, Jr. (argued), Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Richard A. Devine, Pavlina Kochankovska (argued), Office of the Cook County State's Attorney, Chicago, IL, for Defendants-Appellees.