Attorney Bryan Fiengo Wins Summary Judgement Decision for City of New London

4/12/2010

Suisman Shapiro, serving as special counsel for the City of New London, obtained an order for summary judgment in a case involving former New London Fire Department (NLFD) Employee Michael Myshka.  Mr. Myshka brought a claim against the NLFD alleging disability discrimination in violation of certain federal and state statutes, the most prominent of which involved a claim under the Americans with Disabilities Act (ADA).  The City moved for summary judgment as to each of Mr. Myshka’s statutory claims.  The City averred that Mr. Myshka was not a disabled person as that term is defined under the federal statutes, that their former employee was not qualified to perform the essential functions of his job and that the decision to terminate Mr. Myshka’s employment was based on his intentional misconduct.

Attorney Bryan Fiengo of Suisman Shapiro appeared for the City on the brief and in oral argument at the United States District Court in Bridgeport before the Honorable Stefan R. Underhill.  Judge Underhill granted the City’s motion for summary judgment based on his determination that Mr. Myshka was not disabled within the meaning of the relevant federal statutes.  As such, Mr. Myshka could not maintain a cause of action against the City and his claim was dismissed.