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Michael Troeger v. Ellenville Central School District

May 9, 2013

MICHAEL TROEGER, PLAINTIFF-APPELLANT,
v.
ELLENVILLE CENTRAL SCHOOL DISTRICT, DEFENDANT-APPELLEE.



Appeal from a judgment of the United States District Court for the Northern District of New York (Gary L. Sharpe, Chief Judge).

12-3905-cv

Troeger v. Ellenville Cent. Sch. Dist.

SUMMARY ORDER

Rulings by summary order do not have precedential effect. Citation to a summary order filed on or after January 1, 2007, is permitted and is governed by Federal Rule of Appellate Procedure 32.1 and this Court's Local Rule 32.1.1. When citing a summary order in a document filed with this Court, a party must cite either the Federal Appendix or an electronic database (with the notation "summary order"). A party citing a summary order must serve a copy of it on any party not represented by counsel.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 9th day of May, two thousand thirteen.

PRESENT: PIERRE N. LEVAL, JOSE A. CABRANES, BARRINGTON D. PARKER, Circuit Judges.

UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED.

Plaintiff-appellant Michael Troeger brought this suit under the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq.,*fn1 alleging that his employer, defendant-appellee Ellenville Central School District (the "School District"), discriminated against him because of his disability. Particularly, Troeger alleges that, following on-the-job back injuries in 2004 and 2005, the School District improperly forced him to use "sick days" for his absences caused by these injuries and refused to reasonably accommodate his condition.

In a Memorandum Decision and Order dated May 8, 2012, the District Court granted summary judgment to the School District with regard to all of Troeger's claims that arose from the School District's actions prior to November 7, 2007, on the basis that those claims were made in his administrative complaint*fn2 more than 300 days after their accrual and were therefore untimely. Troeger v. Ellenville Cent. Sch. Dist., No. 1:10-cv-718 (GLS/DRH), 2012 WL 1605532, at *3--4 (N.D.N.Y. May 8, 2012) ("Troeger I"). In the same decision, the District Court denied the School District's motion for summary judgment with regard to Troeger's other failure to accommodate claim, which was based on the School District's actions after November 2007. The Court concluded that "a reasonable jury could find that his back ailments constitute a qualifying disability." Id. at *4.

Following the School District's motion for reconsideration, however, the District Court reversed course, granting summary judgment on the remaining claim in a Memorandum Decision and Order dated August 23, 2012. This time, the Court concluded that Troeger had not shown "a substantial limitation of any major life activities during the relevant time period" and therefore did not qualify as "disabled" within the meaning of the ADA following his return to work in 2007. Troeger v. Ellenville Cent. Sch. Dist., No. 1:10-cv-718 (GLS/DRH), 2012 WL 3643839, at *4 (N.D.N.Y. Aug. 23, 2012) ("Troeger II").

This appeal followed. We assume the parties' familiarity with the facts and procedural history of this case.

DISCUSSION

We review de novo the District Court's grant of summary judgment, construing the evidence in the light most favorable to the non-moving party and drawing all reasonable inferences in his favor.*fn3 See McElwee v. County of Orange, 700 F.3d 635, 640 (2d Cir. 2012). Summary judgment is appropriate where "there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law," Fed. R. Civ. P. 56(a), i.e., "[w]here the record taken as a whole could not lead a rational trier of fact to find for the non-moving party." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986).

We first address the claims that the District Court dismissed in its Memorandum Decision and Order dated May 8, 2012, particularly concerning whether Troeger's claims based on events prior to November 2007 are time barred. We then consider whether Troeger's medical ...


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