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MANOHER R. BEARELLY, M.D. v. STATE OF FLORIDA, DEPARTMENT OF CORRECTIONS
15 Fla. L. Weekly Fed. d85 (M.D. Fla. Jan. 14, 2002)
Plaintiff, a 57-year old licensed physician, was employed by the State Department of Corrections as a psychiatrist. Plaintiff alleged that defendant terminated him because of his disability, perceived disability, and age. He thus alleged that his termination was in retaliation for assertion of his rights under the ADA. The employee's claim for monetary relief, including lost wages, lost benefits and punitive damages was dismissed with prejudice based on Board of Trustees of the University of Alabama v. Garrett. Plaintiff's claims for equitable relief were dismissed without prejudice and with leave to amend where the complaint sufficiently alleged a physical impairment, but failed to allege facts supporting the requirement that the impairment substantially limited one or more of the plaintiff's major life activities. The Court held
that plaintiff's conclusory statement that the adverse employment decisions made by the defendant were done in retaliation for plaintiff having asserted his rights under the ADA was insufficient to state the claim for retaliation. Finally, the Court held that the ADEA claims were barred under the Eleventh Amendment. The claimant's State law age discrimination claim was also dismissed, as there was no evidence that the State expressly waived its sovereign immunity. Finally, plaintiff's due process claims were also dismissed with prejudice as the claims were barred by Eleventh Amendment immunity.
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