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 are vacated because the magistrate judge unreasonably imposed them in response to plaintiff’s discovery requests.
Read Brunker v. Schwan’s Home Serv., Inc., No. 07-3183
Appeals from the United States District Court for the Northern District of Indiana, Hammond Division
Argued September 16, 2009Decided October 22, 2009
Judges
Before: Cudahy, Flaum, and Rovner, Circuit Judges
Opinion by Rovner, Circuit Judge
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