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United States Court of Appeals for the Second Circuit
October 4, 2012, Argued; November 15, 2012, Decided
Docket No. 11-4366-cv
[*637] Chin, Circuit Judge:
Plaintiff James C. McElwee appeals from a judgment of the United States District Court for the Southern District of New York (Duffy, J.). McElwee served as a volunteer at Valley View Center for Nursing Care and Rehabilitation ("Valley View"), a federally funded entity operated by defendant Orange County (the "County"). In 2009, McElwee was dismissed from Valley View's volunteer [**2] program after engaging in erratic and harassing behavior toward female staff members. McElwee, who was previously diagnosed with Pervasive Developmental Disorder, brought this action against the County pursuant to Title II of the Americans with Disabilities Act (the "ADA"), 42 U.S.C. § 12131 et seq., and Section 504 of the Rehabilitation Act of 1973 (the "Rehabilitation Act"), 29 U.S.C. § 794 et seq., alleging that he was denied a reasonable accommodation for his disability.
The district court found that McElwee was not disabled within the meaning of the statutes and granted the County's motion for summary judgment dismissing the Complaint. We affirm the district court's award of summary judgment, albeit on different grounds.
The following facts are undisputed, unless otherwise noted.
A. The Plaintiff
McElwee is a man in his mid-thirties with a neurodevelopmental disorder formally classified as Pervasive Developmental Disorder - Not Otherwise Specified ("PDD-NOS") and informally called an autism spectrum disorder. He has an IQ of 79, placing him in the eighth percentile of intellectual functioning. He lives with his mother, has never held a job, and likely will always require [**3] assistance in managing money and completing non-routine tasks.
In 1996, McElwee began participating in a volunteer program at Valley View, where he performed janitorial and housekeeping duties and transported nursing home residents to religious and social events. McElwee competently performed these assigned tasks without hindrance from his alleged disability. Meanwhile, the volunteer program improved his self-esteem by allowing him to associate with other people in the community and provide a service to the elderly and infirm.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
700 F.3d 635 *; 2012 U.S. App. LEXIS 23564 **; 27 Am. Disabilities Cas. (BNA) 134; 15 Accom. Disabilities Dec. (CCH) P15-121
JAMES C. MCELWEE, Plaintiff-Appellant, v. COUNTY OF ORANGE, Defendant-Appellee.
Prior History: McElwee v. County of Orange, 2011 U.S. Dist. LEXIS 114663 (S.D.N.Y., Sept. 29, 2011)
Disposition: [**1] Appeal from a judgment of the United States District Court for the Southern District of New York (Duffy, J.), entered on September 30, 2011, dismissing plaintiff's claims under Title II of the Americans with Disabilities Act, 42 U.S.C. § 12131 et seq., and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 et seq., following the district court's grant of defendant's motion for summary judgment.
disability, accommodation, volunteer, reasonable accommodation, district court, inappropriate, qualified individual, discriminated, interactive, entity, staff, eligibility requirements, substantial limitation, summary judgment, impairment, misconduct, major life activity, matter of law, uncomfortable, harassing, disorder, visitors, female, sexual
Civil Procedure, Judgments, Summary Judgment, Evidentiary Considerations, Appellate Review, Standards of Review, Entitlement as Matter of Law, General Overview, Civil Rights Law, Protection of Disabled Persons, Federal Employment & Services, Scope, Americans With Disabilities Act, Accommodations, Business & Corporate Compliance, Disability Discrimination, Reasonable Accommodations, Interactive Process