THATCHER v. CITY OF KOKOMO et al, No. 1:2010cv00101 - Document 57 (S.D. Ind. 2012)
Court Description: 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).
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THATCHER v. CITY OF KOKOMO et al Doc. 57 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION MARK J. THATCHER, Plaintiff, v. CITY OF KOKOMO, et al., Defendants. ) ) ) ) ) ) ) ) ) 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. Dockets.Justia.com 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 2
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