Perry v. New

U.S. Court of Appeals for the First Circuit

Perry v. New

Opinion

[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT

No. 96-2259

JANICE R. PERRY,

Plaintiff, Appellant,

v.

NEW ENGLAND BUSINESS SERVICE, INC.,

Defendant, Appellee.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Richard G. Stearns, U.S. District Judge]

Before

Torruella, Chief Judge,

Campbell, Senior Circuit Judge,

and Boudin, Circuit Judge.

Janice R. Perry on brief pro se.

Michael J. Pineault, Richard L. Alfred and Hill & Barlow on brief

for appellee.

June 3, 1997

Per Curiam. Plaintiff brought an action against

her employer under the American with Disabilities Act of

1990, 42 U.S.C. 12112(b)(5)(A), and Mass. Gen. L. ch. 151B,

alleging handicap discrimination in the employer's failure to

modify a restroom door. The district court granted summary

judgment on the ground that the evidence showed that neither

plaintiff nor her employer had realized at the time of

plaintiff's original request that a modification was needed

specifically to accommodate plaintiff's physical limitations.

Reviewing the judgment de novo, and reading the entire record

in the light most favorable to plaintiff, see Grenier v.

Cyanamid Plastics, Inc.,

70 F.3d 667, 671

(1st Cir. 1995), we

agree that there was insufficient summary judgment evidence

which would allow a reasonable jury to conclude that

plaintiff's employer discriminated against her by refusing to

reasonably accommodate known limitations related to her

disability.

The court did not abuse its discretion in allowing

plaintiff's privately-retained counsel to withdraw from the

representation, nor in refusing to provide plaintiff with a

court-appointed substitute. Plaintiff was given sufficient

opportunity to seek new counsel. There is no merit to the

remaining assignments of error.

The judgment is affirmed. See Loc. R. 27.1

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Reference

Status
Unpublished