Dolan v. Board of County Commissioners of Rio Blanco County, CO

Filing 22

ORDER Denying 13 Motion for Partial Summary Judgment, by Judge Richard P. Matsch on 2/4/16. (ktera)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 14-cv-03152-RPM
CATHERINE DOLAN,
Plaintiff,
v.
BOARD OF COUNTY COMMISSIONERS OF RIO BLANCO, CO.,
Defendant.
_____________________________________________________________________
ORDER DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT
_____________________________________________________________________
Seeking relief under both the Rehabilitation Act, 29 U.S.C. § 794, et seq., and the
Americans with Disabilities Act (“ADA”), 42 U.S.C. § 2000e, et seq., Catherine Dolan
filed this civil action claiming that the defendant’s failure to accommodate her disability
resulted in the termination of her employment by the Board of County Commissioners of
Rio Blanco County, Colorado. The defendant filed a Motion for Partial Summary
Judgment [Doc. 13] seeking dismissal of the Rehabilitation Act claim based on the
assertion that the plaintiff is unable to prove that a violation of that statute was the sole
cause of her dismissal. The defendant concedes that there may be a triable claim that it
was a motivating factor under the ADA. To grant this motion the Court must be
convinced that no reasonable jury could infer that level of causation from the disputed
evidence. The record does not warrant that conclusion. It is therefore
ORDERED that the Motion for Partial Summary Judgment is denied.

Dated: February 4th, 2016
BY THE COURT:
s/Richard P. Matsch
_________________________________
Richard P. Matsch, Senior District Judge