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GLIDDEN v. COUNTY OF MONROE

January 2, 1997

SHARON ROSE GLIDDEN, Plaintiff,
v.
COUNTY OF MONROE, MONROE COMMUNITY HOSPITAL, Defendants.



The opinion of the court was delivered by: LARIMER

 Plaintiff, Sharon Rose Glidden ("plaintiff"), commenced this action pro se, pursuant to the Americans with Disabilities Act of 1990, 42 U.S.C. ยง 12101 et seq. ("ADA"), against the defendants Monroe Community Hospital ("MCH") and the County of Monroe (collectively "defendants"). *fn1" Plaintiff claims that she was denied consideration for a full-time position at MCH because of her past treatment for mental illness.

 Pending before me are defendants' motion for summary judgment and plaintiff's motion for reinstatement and other relief. For the reasons set forth below, defendants' motion is granted.

 FACTUAL BACKGROUND

 In November 1992, plaintiff applied for a full-time licensed practical nurse ("LPN") position at MCH. During a routine pre-employment physical exam, plaintiff was asked about prior hospitalizations. Plaintiff responded that in 1991, she had suffered a nervous breakdown and was hospitalized at Strong Memorial Hospital for five days, but that the problem was resolved. This information was noted on plaintiff's physical exam form.

 MCH hired plaintiff, effective November 30, 1992, as a full-time LPN on the day shift. Thereafter, plaintiff attended an intensive six-week orientation program. At some point, however, plaintiff decided that she did not want to work the day shift and would prefer to work evenings. Consequently, she resigned from the full-time day position and began working for MCH on a per diem basis in the evening.

 Eventually, a full-time evening position opened at MCH. The head nurse informed plaintiff that although she could continue to work on a per diem basis, she would not be considered for the full-time position because she had previously quit a full-time position shortly after being hired and trained. According to plaintiff, the head nurse also stated "and then there's the physical." Plaintiff did not ask the head nurse what she meant by this comment, and the head nurse did not elaborate any further. Plaintiff assumed that the comment referred to her pre-employment physical in which she disclosed that she had suffered a nervous breakdown.

 Defendants move for summary judgment on the ground that plaintiff did not suffer from an actual or perceived mental disability as required by the ADA. Further, defendants maintain that plaintiff has failed to establish a connection between the adverse employment action and her alleged disability.

 DISCUSSION

 I. Legal Standards

 A. Summary Judgment Standard

 Summary judgment will be granted if the record demonstrates that "there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed. R. Civ. P. 56(c); Chambers v. TRM Copy Ctrs. Corp., 43 F.3d 29, 36 (2d Cir. 1994). A genuine issue of material fact exists only if the record, taken as a whole, could lead a reasonable trier of fact to find in favor of the non-movant. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 89 L. Ed. 2d 538, 106 S. Ct. 1348 (1986).

 The burden of demonstrating the absence of any genuine issue of material fact rests on the moving party, Celotex Corp. v. Catrett, 477 U.S. 317, 323, 91 L. Ed. 2d 265, 106 S. Ct. 2548 (1986), and all ambiguities and inferences that may be reasonably drawn from the facts must be viewed in the light most favorable to the non-moving party. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 26 L. Ed. 2d 142, 90 S. Ct. 1598 (1970); Coach Leatherware Co. v. AnnTaylor, Inc., 933 F.2d 162, 167 (2d Cir. 1991). To defeat summary judgment, however, the non-moving party, must go beyond the pleadings and designate "specific facts showing ...


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