THATCHER v. CITY OF KOKOMO et al

Filing 57

ENTRY ON MOTION FOR SUMMARY JUDGMENT: The Defendants' motion for summary judgment therefore is GRANTED with regard to the Plaintiff's ADA and ADEA claims. As the Plaintiff has voluntarily dismissed all of his other claims, final judgment will now issue ***SEE ENTRY FOR ADDITIONAL INFORMATION***. Signed by Judge William T. Lawrence on 3/14/2012. (DW) Modified on 3/15/2012 (DW).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
MARK J. THATCHER,
Plaintiff,
v.
CITY OF KOKOMO, et al.,
Defendants.

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CAUSE NO. 1:10-cv-101-WTL-TAB

ENTRY ON MOTION FOR SUMMARY JUDGMENT
The Indiana Supreme Court has issued its ruling resolving the controlling issues of Indiana
law that were identified by this Court in reviewing the parties’ briefs regarding the Defendants’
motion for summary judgment. For the reasons set forth in detail in this Court’s Entry certifying
questions to the Indiana Supreme Court (dkt. no. 52), which is hereby incorporated herein, the
Court finds the Indiana Supreme Court’s ruling to be dispositive of the remaining claims in this
case. Specifically, the Plaintiff alleges that the remaining Defendants violated the Age

Discrimination in Employment Act (“ADEA”) and the Americans with Disabilities Act
(“ADA”) by refusing to hire him in December 2009. The Indiana Supreme Court has now held
that the Defendants were prohibited by Indiana law from hiring the Plaintiff. That fact brings
the Defendants’ age-based hiring decision within the exception contained in 29 U.S.C. § 623(j);
accordingly, the Defendants did not violate the ADEA. That fact also means that the Plaintiff
was not a “qualified individual with a disability”; accordingly, the Defendants did not violate the
ADA. The Defendants’ motion for summary judgment therefore is GRANTED with regard to
the Plaintiff’s ADA and ADEA claims. As the Plaintiff has voluntarily dismissed all of his other
claims, final judgment will now issue.

SO ORDERED: 03/14/2012

_______________________________
Hon. William T. Lawrence, Judge
United States District Court
Southern District of Indiana

Copies to all counsel of record via electronic notification

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