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ABNER N MARTIN JR v SOUTH CAROLINA DEPT OF TRANSPORTATION Click to find out why . . .



Keywords & Phrases
CaseNo: ANMJVSCDOT292397, CourtName: US DEPARTMENT OF JUSTICE, Plaintiff: ABNER N MARTIN JR, State: SC South Carolina, UniqueCaseRef: LCD>ANMJVSCDOT292397, Discrimination, Employment, United States, Martin, Dot, Ada, Motion, Disability, Rights, Administrators, Complaint, Suit, South Carolina, Facts, Summary Judgment, Discharge, District Court, Reinstate, Regulations, Reasonable Accommodation, Public Entities, Violation, Rehabilitation Act, Authority, Limitations, Public Entity, Legislative History , ContentID: 120249103

Case Documents
1   AMICUS BRIEF
[ see first page and extracted highlights below  ] ItemID: 121013
31 pages
TXT
Total Documents: 1 document , 31 pages
Price: $ 19.95


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1 . AMICUS BRIEF

EXTRACTED KEY WORDS
EMPLOYMENT
COURT
UNITED STATES
MARTIN
DOT
ADA
MOTION
DISABILITY
RIGHTS
PLAINTIFF
ADMINISTRATORS
COMPLAINT
SUIT
SOUTH CAROLINA
FACTS
SUMMARY JUDGMENT
DISCHARGE
DISTRICT COURT
REINSTATE
REGULATIONS
DEFENDANT
REASONABLE ACCOMMODATION
PUBLIC ENTITIES
VIOLATION
REHABILITATION ACT
AUTHORITY
LIMITATIONS
PUBLIC ENTITY
LEGISLATIVE HISTORY
                        UNITED STATES DISTRICT COURT
                     FOR THE DISTRICT OF SOUTH CAROLINA

                             COLUMBIA DIVISION

Abner N. Martin, Jr.                    )
                Plaintiff,              )  Case No. 3:97-0740-19BD
                v.                      )
South Carolina Department of            )
Transportation,                         )
                Defendant               )

                        UNITED STATES' AMICUS MEMORANDUM
                  IN RESPONSE TO DEFENDANT'S MOTION TO DISMISS,
                   OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT

                        I. Nature of the Case

        Martin brought this suit alleging that Defendant South

Carolina Department of Transportation ("DOT") discriminated

against him on the basis of disability first when it discharged

him and again when it refused to reinstate him, in violation of

the ADA.
                II. Facts and Procedural History

      Plaintiff alleges that after many years of employment as an

engineer with DOT, DOT fired him because of his status as an

alcoholic rather than an inability to perform the essential

functions of his job, with or without reasonable accommodation.

Plaintiff also alleges that DOT engaged in a campaign to mislead

01-07288him into sleeping on his rights until the 300-day filing limit
SNIPPETS:
  • UNITED STATES DISTRICT COURT
  • FOR THE DISTRICT OF SOUTH CAROLINA
  • UNITED STATES' AMICUS MEMORANDUM
  • IN RESPONSE TO DEFENDANT'S MOTION TO DISMISS,
  • OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT
  • Martin brought this suit alleging that Defendant South
  • against him on the basis of disability first when it discharged
  • Facts and Procedural History
  • engineer with DOT, DOT fired him because of his status as an
  • with or without reasonable accommodation.
  • Plaintiff also alleges that DOT engaged in a campaign to mislead
  • alleges that DOT's refusal to reinstate him in March 1996
  • constitutes an independent violation of the ADA.
  • Because title II coverage of employment was not clearly
  • Title II is an appropriate statutory authority for Martin's
  • claiming employment discrimination by a public entity.
  • Title II reaches employment discrimination by public
  • regarding the appropriate statute of limitations.
  • language and structure; the legislative history; and
  • Title III prohibits discrimination by public accommodations and commercial facilities, as
  • II prohibits discrimination by public entities, generally,
  • of title II over "government employment," the complaint failed to
  • Supreme Court in the context of similar Federal civil rights
  • (section 504 of the Rehabilitation Act of 1973);
  • regulations under part 41 of title 28,
  • DOT's discharge of Martin, there is no procedural bar to Martin's
  •    |