Thomas F. Daugherty v. Cottonwood Heights, a City; and John Does 1-10

Summary

The United States District Court for the District of Utah grants the defendant summary judgment on the plaintiff's ADA claim alleging denial of a promotion under a "regarded as" disability theory. The court concludes that the plaintiff failed to provide sufficient evidence that the defendant regarded him as substantially limited in performing a major life activity. The court also dismisses the Title VII claims based on the plaintiff's representation that references to Title VII were scrivener's errors, while three other claims remain pending.

Holdings

1. Plaintiff failed to present sufficient evidence that Defendant mistakenly believed he was substantially limited in performing a major life activity, including a class or broad range of jobs, and therefore could not survive summary judgment on his ADA denial-of-promotion claim.
2. The Title VII-related claims were dismissed because Plaintiff admitted that he was not seeking Title VII remedies and that the Title VII references in the amended complaint were scrivener's errors.

Questions Presented

1. Whether Plaintiff presented sufficient evidence for a reasonable factfinder to conclude that Defendant regarded him as disabled under the ADA.
2. Whether the Title VII-related claims should be dismissed based on Plaintiff's representation that he was not pursuing Title VII remedies.

Disposition

other