Case: Damiani v. City of East Providence

1:08-cv-00405 | U.S. District Court for the District of Rhode Island

Filed Date: Oct. 27, 2008

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On October 27, 2008, a disabled man with a pre-existing cardiovascular condition filed a lawsuit in the U.S. District Court for the District of Rhode Island against the City of East Providence, Rhode Island and various city officials under the Americans with Disabilities Act, 42 U.S.C. § 12112, Section 504 of the Rehabilitation Act, 29 U.S.C. § 794 and State of Rhode Island's Fair Employment Practices Act. The plaintiff, represented by private counsel and with permission from the EEOC, asked …

On October 27, 2008, a disabled man with a pre-existing cardiovascular condition filed a lawsuit in the U.S. District Court for the District of Rhode Island against the City of East Providence, Rhode Island and various city officials under the Americans with Disabilities Act, 42 U.S.C. § 12112, Section 504 of the Rehabilitation Act, 29 U.S.C. § 794 and State of Rhode Island's Fair Employment Practices Act. The plaintiff, represented by private counsel and with permission from the EEOC, asked the court for declaratory judgment, compensatory and punitive damages and attorney's fees.

The complaint alleged that the defendant discriminated against plaintiff by requiring only the plaintiff, because of his cardiovascular disability, to undergo a vigorous physical as a condition of his employment in violation of state and federal employment law and the Americans with Disabilities Act. Specifically, the plaintiff claimed that the defendant had appointed plaintiff to the position of Assistant Harbormaster, but discriminated against him when it, with knowledge of his cardiovascular condition, required that the plaintiff undergo a rigorous physical examination as a precondition of employment, which no other employee had been subject to.

There was little activity in the case over the next two years.

On September 29, 2010, the parties settled for $15,000 in attorney's fees and $7,000 in damages. The defendant did not admit any fault or wrongdoing. The District Court (Judge William E. Smith) dismissed the case with prejudice on October 5, 2010.

Summary Authors

Brian Kempfer (10/24/2013)

People


Judge(s)

Martin, David L. (Rhode Island)

Smith, William E. (Rhode Island)

Attorneys(s) for Plaintiff

Mannis, Carolyn A. (Rhode Island)

Attorneys(s) for Defendant

Reynolds, Michael T. (New York)

Judge(s)

Martin, David L. (Rhode Island)

Smith, William E. (Rhode Island)

Attorneys(s) for Plaintiff

Mannis, Carolyn A. (Rhode Island)

Attorneys(s) for Defendant

Reynolds, Michael T. (New York)

Documents in the Clearinghouse

Document

1:08-cv-00405

Docket [PACER]

Oct. 5, 2010

Oct. 5, 2010

Docket
1

1:08-cv-00405

Complaint

Oct. 27, 2008

Oct. 27, 2008

Complaint
9

1:08-cv-00405

Settlement Agreement [PACER]

Sept. 29, 2010

Sept. 29, 2010

Settlement Agreement
10

1:08-cv-00405

Stipulation [Dismissing Case]

Sept. 29, 2010

Sept. 29, 2010

Pleading / Motion / Brief

Resources

Docket

Last updated Aug. 6, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all defendants ( Filing fee $ 350 receipt number 69896.), filed by Michael J. Damiani. (Attachments: # 1 Civil Cover Sheet)(Smith, Rana) (Entered: 10/27/2008)

Oct. 27, 2008

Oct. 27, 2008

Summonses (7) Issued as to: City of East Providence, Bruce Ditraglia, Isadore S. Ramos, Robert E. Cusack, Valerie A. Perry, Bryan P. Silva, Richard Brown. (Duhamel, John) (Entered: 02/11/2009)

Feb. 11, 2009

Feb. 11, 2009

2

NOTICE of Appearance by Mark T. Reynolds on behalf of all defendants (Reynolds, Mark) (Entered: 02/23/2010)

Feb. 23, 2010

Feb. 23, 2010

3

STIPULATION Extending Time to Respond to Plaintiff's Complaint by all defendants. (Reynolds, Mark) (Entered: 02/23/2010)

Feb. 23, 2010

Feb. 23, 2010

4

ANSWER to 1 Complaint by City of East Providence, Bruce Ditraglia, Isadore S. Ramos, Robert E. Cusack, Valerie A. Perry, Bryan P. Silva, Richard Brown.(Reynolds, Mark) (Entered: 02/23/2010)

Feb. 23, 2010

Feb. 23, 2010

5

NOTICE of Hearing: Rule 16 Conference set for 6/30/2010 at 2:00 PM in Judge Smith Chambers before Judge William E. Smith. (Jackson, Ryan) (Entered: 06/02/2010)

June 2, 2010

June 2, 2010

6

RULE 16 STATEMENT by Michael J. Damiani. (Mannis, Carolyn) (Entered: 06/21/2010)

June 21, 2010

June 21, 2010

Minute Entry for proceedings held before Judge William E Smith: Rule 16 Conference held on 6/30/2010; counsel present: Mark Reynolds. (Jackson, Ryan) (Entered: 06/30/2010)

June 30, 2010

June 30, 2010

7

PRETRIAL ORDER. All factual discovery must be completed by 10/29/10, dispositive motions are due by 11/15/10, pretrial memoranda are due 30 days after a decision on any dispositive motions or, if no dispositive motions are filed, by 11/15/10. So Ordered by Judge William E Smith on 6/30/10. (Marseglia, Patricia) (Entered: 06/30/2010)

June 30, 2010

June 30, 2010

8

ORDER REFERRING CASE to Mediation. So Ordered by Judge William E. Smith on 8/16/10. (Jackson, Ryan) (Entered: 08/16/2010)

Aug. 16, 2010

Aug. 16, 2010

9

SETTLEMENT AGREEMENT by Michael J. Damiani. (Mannis, Carolyn) (Entered: 09/29/2010)

Sept. 29, 2010

Sept. 29, 2010

10

STIPULATION re 9 Settlement Agreement Dismissal of All Claims by Michael J. Damiani. (Mannis, Carolyn) (Entered: 09/29/2010)

Sept. 29, 2010

Sept. 29, 2010

TEXT ORDER ENTERING 10 Stipulation of Dismissal filed by Michael J. Damiani, City of East Providence, et al.. So Ordered by Judge William E. Smith on 10/5/10. (Jackson, Ryan) (Entered: 10/05/2010)

Oct. 5, 2010

Oct. 5, 2010

Case Details

State / Territory: Rhode Island

Case Type(s):

Disability Rights

Key Dates

Filing Date: Oct. 27, 2008

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Disabled man with a pre-existing cardiovascular condition.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of East Providence, Rhode Island (City of East Providence, Providence), City

Defendant Type(s):

Transportation

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Amount Defendant Pays: $22,000

Issues

General:

Disparate Treatment

Staff (number, training, qualifications, wages)

Testing

Discrimination-area:

Hiring

Medical Exam / Inquiry

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Type of Facility:

Government-run