United States Seventh Circuit

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Brunker v. Schwan's Home Serv., Inc., 07-3183

In plaintiff's disability discrimination action against his former employer, district court's grant of summary judgment in favor of the defendant-employer is affirmed in part, reversed and vacated in part, and remanded where: 1) the disability-discrimination claim is remanded as, although plaintiff's impairments are not sufficient to show that he is disabled, the record contains adequate evidence to support a theory that defendant regarded him as being disabled in the major life activities of walking, caring for himself, and speaking; 2) district court's summary judgment on the reasonable-accommodation claim is affirmed; 3) district court's denial of plaintiff's motion to compel discovery on certain issues is reversed; and 4) award of sanctions is vacated because the magistrate judge unreasonably imposed them in response to plaintiff's discovery requests.

Appellate Information

  • Decided 10/22/2009
  • Published 10/22/2009


  • ROVNER, Circuit Judge., Before CUDAHY, FLAUM, and ROVNER, Circuit Judges.


  • United States Seventh Circuit


  • For Appellant:
  • Anna M. Hearn, Attorney (argued), Valparaiso, IN, for Plaintiff-Appellant.

  • For Appellees:
  • Heather L. Wilson, Attorney (argued), Frost Brown Todd, Indianapolis, IN, Defendant-Appellee.
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