Motion for Judgment Denied

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7^th Circuit Court of Appeals

Case Name: Biagio Stragapede v. City of Evanston, Illinois

Case No.: 16-1344

Officials: WOOD, Chief Judge, and EASTERBROOK and SYKES, Circuit Judges

Focus: Motion for Judgment Denied

Biagio Stragapede worked in water services for the City of Evanston for 14 years. In 2009 he suffered a traumatic brain injury at home. The City placed him on a temporary leave of absence during his recovery and rehabilitation. When he was medically cleared to return to work, Stragapede resumed full-time employment with the City. After just a few weeks, however, the City again placed him on administrative leave and later terminated his employment. Stragapede sued for violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101 et seq., claiming that the City discriminated against him based on his disability.

The City attacks the judgment in several respects. First, the City challenges the denial of its motion for judgment as a matter of law, arguing that Stragapede was not a qualified person under the ADA because he was unable to perform the essential functions of his job. Alternatively, the City argues that even if Stragapede was qualified, he posed a direct threat to himself and to others, which is a statutory defense to liability. Finally, the City argues that the judge incorrectly calculated the backpay award. We reject these arguments and affirm.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.