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Scott v. Kaneland Community Unit School Dist. No. 302

United States District Court, N.D. Illinois, Eastern Division

August 31, 2012

Richard SCOTT, et al., Plaintiffs,
v.
KANELAND COMMUNITY UNIT SCHOOL DISTRICT # 302, et al., Defendants.

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[Copyrighted Material Omitted]

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Steven Earl Glink, Northbrook, IL, for Plaintiffs.

Debi Thomas, pro se.

Ryan Thomas Brown, Chance L. Cooper, James Brandon Hiller, Robert Daniel Connealy, Chicago, IL, for Defendants.

MEMORANDUM OPINION

SAMUEL DER-YEGHIAYAN, District Judge.

This matter is before the court on Defendants' motion for summary judgment. For the reasons stated below, Defendants' motion for summary judgment is granted in its entirety.

BACKGROUND

Plaintiff Richard Scott (Scott) was allegedly employed by Defendant Kaneland Community Unit School District # 302 (District) as a tenured teacher at McDole Elementary School (McDole). Defendant Dr. Jeffrey Schuler (Schuler) was allegedly the Assistant Superintendent of the District, and Defendant Dr. Charles McCormick (McCormick) was allegedly the Superintendent of the District. Scott claims that he has been diagnosed with " severe ADD and major depression." (SA Compl. Par. 12). Defendant Martne McCoy (McCoy) allegedly became the Assistant Principal at McDole, and McCoy allegedly began lowering Scott's performance evaluation scores. In 2008, McCoy allegedly became the Principal of McDole. McCoy allegedly continued to give Scott low performance review scores, placed Scott on several remediation plans, and criticized Scott's teaching performance. Scott claims that he told McCoy, Schuler, and McCormick that the criticisms of his teaching were " exacerbating [Scott's] emotional distress." (SA Compl. Par. 25). Scott allegedly requested to be transferred to a school where McCoy would not be his supervisor as an accommodation for Scott's alleged disability. Defendants allegedly refused the request and, as a result, Scott's depression was allegedly exacerbated

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to the extent that he required medical treatment and multiple leaves of absence from work. Scott was allegedly on medical leave of absence from work due to his alleged disability from February 2010 to May 2010, and from August 2010 to October 2010. In October 2010, Defendant Board of Education for Kaneland Community Unit School District # 302 (Board) allegedly voted to terminate Scott's employment.

Scott includes in his second amended complaint claims alleging disability discrimination in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12111 et seq. (Count I), claims alleging discrimination in violation of the Rehabilitation Act, 29 U.S.C. § 794 et seq. (Count II), ADA retaliation claims (Count III), Rehabilitation Act retaliation claims (Count IV), and a declaratory judgment claim. On November 7, 2011, the court granted ...


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