Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Owen v. Norwalk Board of Education

United States District Court, D. Connecticut

October 11, 2018

LEE OWEN, Plaintiff,
v.
NORWALK BOARD OF EDUCATION, Defendant.

          MEMORANDUM OF DECISION ON SUMMARY JUDGMENT

          WARREN W. EGINTON SENIOR UNITED STATES DISTRICT JUDGE

         In this action, plaintiff Lee Owen alleges that defendant Norwalk Board of Education violated the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act by discriminating against him on the basis of his disability and failing to provide him with reasonable accommodation for that disability. Defendant has asserted counterclaims of unjust enrichment, conversion, and money had and received based upon plaintiff's receipt of alleged overpayments.

         Defendant has filed a motion for summary judgment on plaintiff's complaint and on its counterclaims. For the following reasons, the motion for summary judgment will be granted.

         A. BACKGROUND

         The parties have submitted statements of undisputed facts, exhibits and affidavits. These materials reflect the following factual background.

         Plaintiff is a former custodian employed by defendant. After he was hired in 2001, plaintiff was assigned to Ponus Ridge Middle School in 2008, where he worked until the 2013-2014 school year.

         Work at Ponus Ridge

         During the time that plaintiff worked at Ponus Ridge, employees had made complaints about certain comments made by plaintiff. In February 2014, Tom Fried, another employee at Ponus Ridge, complained about comments made to him by plaintiff. On February 11, 2014, plaintiff was provided with a written letter from the Principal of Ponus Ridge, Linda Sumpter, which informed him that a new complaint had been made against him.

         On February 12, 2014, a meeting was held with Dr. Robert Dylewski, the Chief Human Relations Officer (interim) for the Norwalk Public Schools; Bruce Morris, defendant's Human Relations Officer; plaintiff; and his union representative, Stanley Shuler. During that meeting, the parties discussed the complaints made by the other employee, and plaintiff was given an opportunity to be heard. Plaintiff was placed on paid administrative leave following that meeting.

         On March 7, 2014, the parties were scheduled to meet again to review the results of the investigation. On March 4, 2014, plaintiff submitted a medical note excusing him from work from March 4 through March 19, 2014. Plaintiff remained out of work until April 4, 2014, when a follow-up meeting was scheduled for the parties.

         Transfer

         On April 4, 2014, plaintiff believed that the union and defendant were trying to force him out of his employment. In that meeting, plaintiff was informed that he was going to be moved to an open and available position at Brien McMahon High School, effective immediately, due to the numerous complaints about him at Ponus Ridge over the years.

         Pursuant to a collective bargaining agreement with plaintiff's union, defendant had the authority to transfer a custodian unilaterally from one school to another, without the employee's consent.

         Plaintiff was expected to report to Brien McMahon on April 7, 2014. However, defendant received a faxed a note on that day from plaintiff's physician, Dr. Lazaro Pomeraniec, indicating that plaintiff was excused from work from March 7, 2014, through April 30, 2014, for an unspecified illness. Defendant subsequently received two notes from Licensed Clinical Psychologist Dr. John ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.