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PEARLIE TALLEY, Plaintiff-Appellant, v. FAMILY DOLLAR STORES OF OHIO, INC.; JOHN PARKER; VINCENT COWLES; and RIC SPRING, Defendants-Appellees. |
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Appeal from the United States District Court
for the Northern District of Ohio at Akron.
No. 05-02421—John R. Adams, District Judge.
Argued: June 5, 2008
Decided and Filed: September 11, 2008
Before: MERRITT, MOORE, and ROGERS, Circuit Judges.
MERRITT, Circuit Judge. The plaintiff, Pearlie Talley, appeals the district court’s grant of summary judgment in favor of the defendants, Family Dollar Stores of Ohio (Family Dollar), John Parker, Vincent Cowles, and Ric Spring, on her claims of discrimination in violation of the Americans with Disabilities Act (ADA) and Ohio’s anti-discrimination statute and her claim for intentional infliction of emotional distress. For the reasons set forth below, and because we conclude that there is a material dispute of fact about whether Talley abandoned her job or was discharged, we AFFIRM in part, REVERSE in part, and remand for further proceedings consistent with this opinion.
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ROSELLA HUNT, Plaintiff-Appellant, v. SYCAMORE COMMUNITY SCHOOL DISTRICT BOARD OF EDUCATION, et al., Defendants-Appellees. |
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Appeal from the United States District Court
for the Southern District of Ohio at Cincinnati.
No. 04-00769—Susan J. Dlott, District Judge.
Argued: June 12, 2008
Decided and Filed: September 11, 2008
Before: MARTIN, GRIFFIN, and GIBSON, Circuit Judges.
JOHN R. GIBSON, Circuit Judge. Rosella Hunt appeals from the district court’s entry of summary judgment against her on her 42 U.S.C. § 1983 claim against the Board of Education of the school district that employed her and the superintendent of that school district, Dr. Karen Mantia, alleging that the defendants violated her right to substantive due process by subjecting her to dangerous working conditions in her job as a teacher’s aide for special education students. On an extra-curricular field trip to a bowling alley, an autistic girl, A--, assaulted Hunt, rupturing disks in her neck. The district court granted summary judgment to the defendants, concluding that there was no affirmative action by the school district that endangered Hunt. We affirm the judgment of the district court.