Plaintiff's wrongful termination suit against Puerto Rico's Department of Corrections and Rehabilitation
Cortes-Rivera v. Dep't of Corr. & Rehab of the Commonwealth of Puerto Rico, 09-1858, concerned a challenge to the district court's grant of summary judgment in favor of the defendants, in plaintiff's suit against Puerto Rico's Department of Corrections and Rehabilitation, and its managing corporation, claiming that his contract to provide medical services was illegally terminated, and that he was discriminated and retaliated against on the basis of disability in violation of Title I of the ADA.
In affirming, the court held that the district court did not abuse its discretion in finding that plaintiff's filing was late. The court held that the plaintiff has waived his claim that the district court erred in concluding that he was not an employee for purposes of Title I of the ADA, as well as the plaintiff's argument that employment discrimination claims under section 504 are not limited by the definition of employee in Title I of the ADA. Lastly, the court held that, because plaintiff pled the retaliation claim as a state-law claim, the district court, having dismissed the federal claims, permissively dismissed the pendent state claim.
- Read the First Circuit's Full Decision in Cortes-Rivera v. Dep't of Corr. & Rehab of the Commonwealth of Puerto Rico, 09-1858