McElwee v. County of Orange, No. 11-4366 (2d Cir. 2012)Annotate this Case
Plaintiff appealed from the district court's dismissal of his claims under Title II of the Americans with Disabilities Act, 42 U.S.C. 12131 et seq., and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 et seq., following the district court's grant of defendant's motion for summary judgment. Plaintiff was dismissed from Valley View's volunteer program after engaging in erratic and harassing behavior towards female staff. The court affirmed the judgment, concluding that plaintiff failed to present sufficient evidence to raise a genuine issue of fact as to whether he was discriminated against because of his disability.