Beentjes
Beentjes v. Placer County Air Pollution Control District
Opinion
Opinion
Damrell, J.
MEMORANDUM AND ORDER
This action is brought by plaintiff Jacob W. Beentjes against the Placer County Air Pollution Control District (“defendant” or the “district”) alleging that it unlawfully discriminated against him based on his disability and failed to reasonably accommodate him in violation of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12101 et seq. The district moved for summary judgment on the grounds that it is a sovereign entity immune from suit by private citizens in federal court under the Eleventh Amendment. The court denied the district’s motion by order filed December 23, 2002. The district now seeks reconsideration of the court’s December 23, 2002 order.
I.
BACKGROUND
Plaintiff was hired by Placer County as an Air Pollution Control Specialist II in April 1992 to work for the Placer County Air Pollution Control District. (Pl.’s Opp’n to Statement of Undisputed Facts in Supp. of Def.’s Mot. for Summ. J. (“UF”), filed Dec. 5, 2002, UF 1.) On April 23, 1997, plaintiff was diagnosed with Chronic Obstructive Pulmonary Disease. (Compl., filed June 30, 2000, ¶ 5.) Plaintiffs disease prevents him from walking more than short distances without…