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Giordano v. City of New York

Where police officer alleged employment discrimination on basis of disability, dismissal of ADA claim affirmed because plaintiff failed to prove employer regarded him as disabled; dismissal of ' 1983 claims affirmed because plaintiff failed to make out a cognizable violation of his rights under either the Equal Protection Clause or the Due Process Clause.

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As amended January 22, 2002.

Argued: October 25, 2001

Appeal from a judgment of the United States District Court for the Southern District of New York (Allen G. Schwartz, Judge) dismissing the plaintiff’s complaint under Rule 56 of the Federal Rules of Civil Procedure. We affirm the dismissal of the plaintiff’s federal claims under the Americans with Disabilities Act and 42 U.S.C. § 1983, of, respectively, employment discrimination on the basis of a disability, and violations of the Due Process and Equal Protection Clauses. We hold, however, that the district court erred by dismissing on the merits the plaintiff’s pendent state-law claims under the New York State Executive Law and the New York City Administrative Code. Because we conclude that these claims would be more appropriately adjudicated in state court, we remand with instructions to the district court.

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