Papadopoulos

Papadopoulos v. Modesto Police Department

Good Law

31 F. Supp. 2d 1209·1998 WL 937397·1998 U.S. Dist. LEXIS 21607

United States District Court, Eastern District of CaliforniaJuly 9, 1998CV F 96-5889 AWI SMS, CV F 97-5844 AWI SMSCalifornia8,692 words

Opinion

Ishii, J.

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY ADJUDICATION; DISMISSING INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS CLAIMS FOR LACK OF JURISDICTION

In these actions four former police officers with the Modesto Police Department (“the Department”) claim that they were forced to retire in violation of federal and state statutes prohibiting discrimination based on disability. Three of the four plaintiffs also claim that defendants engaged in the intentional infliction of emotional distress. Defendants City of Modesto (“the City”) and the Department now move for summary judgment.

The court has jurisdiction over plaintiffs’ disability discrimination claim arising under the Americans with Disabilities Act (“the ADA”), 42 U.S.C. § 12101 et seq. 28 U.S.C. § 1331 .

PROCEDURAL HISTORY

I. CVF 96 5889 AWI SMS

On June 6, 1996 plaintiffs George Papado-poulos, Kevan Avery, and Richard Balentine filed in the Sacramento division their action against defendants the City and the Department. Each plaintiff contended that he was injured in the line of duty, and that he was forced into retirement by defendants instead of being provided with reasonable accommodations. They…

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