United States District Court, D. Connecticut
MEMORANDUM OF DECISION ON SUMMARY JUDGMENT
W. EGINTON SENIOR UNITED STATES DISTRICT JUDGE
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.
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.
parties have submitted statements of undisputed facts,
exhibits and affidavits. These materials reflect the
following factual background.
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
at Ponus Ridge
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
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.
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.
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.
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
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 ...