Volpe v. Marysville Public Schools et al

Filing 39

ORDER Denying in Part and Granting in Part Defendants' 31 Renewed Motion for Summary Judgment. Signed by District Judge Matthew F. Leitman. (HMon)

Case 4:18-cv-12517-MFL-RSW ECF No. 39, PageID.913 Filed 02/16/21 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
AMY VOLPE,
Plaintiff,

Case No. 18-cv-12517
Hon. Matthew F. Leitman

v.
MARYSVILLE PUBLIC SCHOOLS, et al.,
Defendants.
__________________________________________________________________/
ORDER DENYING IN PART AND GRANTING IN PART DEFENDANTS’
RENEWED MOTION FOR SUMMARY JUDGMENT (ECF No. 31.)
Plaintiff Amy Volpe was employed as a teacher with the Marysville Public
Schools from 1999 until 2017. In this action, Volpe brings claims against the
Marysville Public Schools and the Board of Education of the Marysville Public
Schools (collectively, “MPS”) under Section 107(a) of the Americans With
Disabilities Act, 42 U.S.C. § 12117(a) (the “ADA”), Section 606(1) of the Michigan
Persons with Disabilities Civil Rights Act of 1976, Mich. Comp. Laws § 37.1606(1),
Section 1248 of the Michigan Revised School Code, Mich. Comp. Laws § 380.1248,
and under 42 U.S.C. § 1983 for violation of the Due Process Clause of the Fourteenth
Amendment. (See First Am. Compl., ECF No. 28.)

1

Case 4:18-cv-12517-MFL-RSW ECF No. 39, PageID.914 Filed 02/16/21 Page 2 of 2

On September 28, 2020, MPS filed a Renewed Motion for Summary
Judgment. (See Ren. Mot. for Summ. J., ECF No. 31.) The Court held a hearing on
MPS’s motion on February 9, 2021. For the reasons stated on the record during the
hearing, MPS’s motion is GRANTED in part and DENIED in part as follows:
 MPS’ motion is DENIED with respect to Volpe’s claims under the
ADA and the Michigan Persons with Disabilities Civil Rights Act
based on MPS’ decision to not re-hire her at the beginning the 20172018 school year.
 MPS’ motion is DENIED with respect to Volpe’s claim under Section
1248 of the Michigan School Code.
 MPS’ motion is GRANTED in all other respects.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: February 16, 2021
I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on February 16, 2021, by electronic means and/or
ordinary mail.
s/ Holly A. Monda
Case Manager
[phone]

2