United States Seventh Circuit

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.

Appellate Information

• Argued 02/12/2009
• Decided 06/22/2009
• Published 06/22/2009

Judges

• MANION, Circuit Judge., Before EASTERBROOK, Chief Judge, and FLAUM and MANION, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Glenn R. Gaffney, Attorney (argued), Gaffney & Associates, Glendale Heights, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Patrick M. Blanchard, Attorney, Andrew Creighton, Attorney (argued), Office of the Cook County State's Attorney, Chicago, IL, for Defendants-Appellees.