Claudette Lutz v. Glendale Union High School, District No. 205 Governing Board of Glendale Union High School, District No. 205
Opinion
Opinion
Kozinski, J.
We probe the mysteries of demanding a jury trial under Fed.R.Civ.P. 38(b).
I
Lutz, a longtime teacher and assistant principal at schools in Glendale Union High School District, sued Glendale in Arizona state court, claiming she was fired in violation of the Americans with Disabilities Act (“ADA”). Glendale removed the case to the United States District Court for the District of Arizona, where it successfully moved for summary judgment on the issue of whether Lutz is substantially limited in a major life activity and therefore disabled. We reversed, finding a triable issue as to whether she is substantially limited in the major life activity of walking. See Lutz v. Glendale Union High Sch., Dist. No. 205, 8 Fed. Appx. 720, 721-22 (9th Cir.2001) (mem.).
On remand, Lutz filed an amended complaint, raising new claims under section 504 of the Rehabilitation Act, 29 U.S.C. § 794 , and under the Arizona Civil Rights Act, Ariz.Rev.Stat. §§ 41-1461 et seq. She also divided her ADA claim into separate claims that Glendale failed to provide reasonable accommodations and that it fired her because she exercised her rights under the ADA. Over Glendale’s objection, the district court tried…