University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Damiani v. City of East Providence DR-RI-0002
Docket / Court 1:08-cv-00405 ( D.R.I. )
State/Territory Rhode Island
Case Type(s) Disability Rights-Pub. Accom.
Equal Employment
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, ... read more >
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.

Brian Kempfer - 10/24/2013


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Issues and Causes of Action
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Issues
Constitutional Clause
Equal Protection
Defendant-type
Transportation
Disability
disability, unspecified
Discrimination-area
Hiring
Medical Exam / Inquiry
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Disparate Treatment
Staff (number, training, qualifications, wages)
Testing
Plaintiff Type
EEOC Plaintiff
Private Plaintiff
Type of Facility
Government-run
Causes of Action Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Declaratory Judgment Act, 28 U.S.C. § 2201
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
State law
Defendant(s) City of East Providence, Rhode Island
Plaintiff Description Disabled man with a pre-existing cardiovascular condition.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Attorneys fees
Damages
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Voluntary Dismissal
Order Duration not on record
Case Closing Year 2010
Case Ongoing No
Docket(s)
1:08−cv−00405 (D.R.I.) 10/05/2010
DR-RI-0002-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 10/27/2008
DR-RI-0002-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement [PACER] 09/29/2010
DR-RI-0002-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation [Dismissing Case] 09/29/2010
DR-RI-0002-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Smith, William E. (D.R.I.)
DR-RI-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Mannis, Carolyn A. (Rhode Island)
DR-RI-0002-0001 | DR-RI-0002-0002 | DR-RI-0002-0003 | DR-RI-0002-9000
Defendant's Lawyers Reynolds, Michael T. (New York)
DR-RI-0002-0003 | DR-RI-0002-9000
Other Lawyers None on record

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