Cook v. Rhode Island, Department of Mental Health, Retardation, & Hospitals

10 F.3d 17, 2 Am. Disabilities Cas. (BNA) 1476, 1993 U.S. App. LEXIS 30060, 63 Empl. Prac. Dec. (CCH) 42,673, 1993 WL 470697
CourtCourt of Appeals for the First Circuit
DecidedNovember 22, 1993
Docket93-1093
StatusPublished
Cited by171 cases

This text of 10 F.3d 17 (Cook v. Rhode Island, Department of Mental Health, Retardation, & Hospitals) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cook v. Rhode Island, Department of Mental Health, Retardation, & Hospitals, 10 F.3d 17, 2 Am. Disabilities Cas. (BNA) 1476, 1993 U.S. App. LEXIS 30060, 63 Empl. Prac. Dec. (CCH) 42,673, 1993 WL 470697 (1st Cir. 1993).

Opinion

SELYA, Circuit Judge.

This pathbreaking “perceived disability” case presents a textbook illustration of the need for, and the operation of, the prohibition against handicap discrimination contained in section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (1993 Supp.). Concluding, as we do, that plaintiffs proof satisfied the burdens articulated by the district court in its jury instructions, we uphold the denial of defendant’s various post-trial motions and affirm the judgment below.

I. BACKGROUND

At the times material hereto, defendant-appellant Department of Mental Health, Retardation, and Hospitals (MHRH), a subdivision of the Rhode Island state government, operated the Ladd Center as a residential facility for retarded persons. Plaintiff-appel-lee Bonnie Cook worked at Ladd as an institutional attendant for the mentally retarded (IA-MR) from 1978 to 1980, and again from 1981 to 1986. Both times she departed voluntarily, leaving behind a spotless work record. The defendant concedes that Cook’s past performance met its legitimate expectations.

In 1988, when plaintiff reapplied for the identical position, she stood 5'2" tall and weighed over 320 pounds. During the routine pre-hire physical, a nurse employed by MHRH concluded that plaintiff was morbidly obese 1 but found no limitations that im *21 pinged upon her ability to do the job. Notwithstanding that plaintiff passed the physical examination, MHRH balked. It claimed that Cook’s morbid obesity compromised her ability to evacuate patients in case of an emergency and put her at greater risk of developing serious ailments (a “fact” that MHRH’s hierarchs speculated would promote absenteeism and increase the likelihood of workers’ compensation claims): Consequently, MHRH refused to hire plaintiff for a vacant IA-MR position.

Cook did not go quietly into this dark night. Invoking section 504, she sued MHRH in federal district court. 2 MHRH moved to dismiss the complaint, see Fed. R.Civ.P. 12(b)(6), averring that morbid obesity can never constitute a handicap within the meaning of the Rehabilitation Act. The district court denied the motion. See Cook v. Rhode Island, 783 F.Supp. 1569 (D.R.I.1992). Pretrial discovery followed.

In due season, the parties tried the case to a jury. At the close of the evidence, appellant moved for judgment as a matter of law. The court reserved decision, see Fed.R.Civ.P. 50(a), and submitted the case on special interrogatories (to which appellant interposed no objections). The jury answered the interrogatories favorably to plaintiff 3 and, by means of the accompanying general verdict, awarded her $100,000 in compensatory damages. The district court denied appellant’s motions for judgment as a matter of law and for a new trial, entered judgment on the verdict, and granted equitable relief to the plaintiff. MHRH lost little time in filing a notice of appeal.

II. STANDARD OF REVIEW

This appeal contests liability, not remediation. As formulated by MHRH, the appeal turns on whether there was sufficient evidence to permit a verdict in plaintiffs favor. Thus, appellate review is plenary. See Rolon-Alvarado v. Municipality of San Juan, 1 F.3d 74, 77 (1st Cir.1993); Jordan-Milton Mach., Inc. v. F/V Teresa Marie, II, 978 F.2d 32, 34 (1st Cir.1992). A reviewing court applies the same standard that governed adjudication of the Rule 50 motion below: we “serutiniz[e] the proof and the inferences reasonably to be drawn therefrom in the light most hospitable to the nonmov-ant,” Wagenmann v. Adams, 829 F.2d 196, 200 (1st Cir.1987), refraining entirely from “differential factfinding,” Rolon-Alvarado, 1 F.3d at 76. In the process, we may “not consider the credibility of witnesses, resolve conflicts in testimony, or evaluate the weight of the evidence.” Wagenmann, 829 F.2d at 200. We can overturn a jury’s verdict and grant judgment in favor of the verdict loser only if the evidence, so viewed, is such that reasonable minds could not help but reach an outcome at odds with the verdict. See Rolon-Alvarado, 1 F.3d at 77; Veranda Beach Club Ltd. Partnership v. Western Sur. Co., 936 F.2d 1364, 1383-84 (1st Cir.1991).

In this case, appellant also moved for a new trial. A trial court’s denial of such a motion is examined through a somewhat different glass. See Wagenmann, 829 F.2d at 200-01. But, although appellant makes a passing reference to the trial court’s ruling in this respect, it presents no reasoned discussion of, or analysis addressed to, the new trial issue. That ends the matter. We are firm adherents to the principle “that issues adverted to on appeal in a perfunctory manner, not accompanied by some developed argumentation, are deemed to have been abandoned.” Ryan v. Royal Ins. Co., 916 F.2d 731, 734 (1st Cir.1990); accord United States *22 v. Zannino, 895 F.2d 1, 17 (1st Cir.), cert. denied, 494 U.S. 1082, 110 S.Ct. 1814, 108 L.Ed.2d 944 (1990).

III. ANALYSIS

In handicap discrimination cases brought pursuant to federal law, the claimant bears the burden of proving each element of her chain. See Joyner by Lowry v. Dumpson, 712 F.2d 770, 774 (2d Cir.1983); Sedor v. Frank, 756 F.Supp. 684, 686 (D.Conn.1991). The elements derive from section 504 of the Rehabilitation Act, which provides in relevant part: “[n]o otherwise qualified individual ... shall, solely by reason of her or his disability, ... be subjected to discrimination under any program or activity receiving Federal financial assistance.” 29 U.S.C. § 794(a). To invoke the statute in a failure-to-hire case, a claimant must prove four things: (1) that she applied for a post in a federally funded program or activity, (2) that, at the time, she suffered from a cognizable disability, (3) but was, nonetheless, qualified for the position, and (4) that she was not hired due solely to her disability. Here, MHRH concedes that it received substantial federal funding for the operation of the Ladd Center. We turn, then, to the remaining links that forge the chain. We subdivide our discussion into five segments, the first three of which deal directly with the existence vel non

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10 F.3d 17, 2 Am. Disabilities Cas. (BNA) 1476, 1993 U.S. App. LEXIS 30060, 63 Empl. Prac. Dec. (CCH) 42,673, 1993 WL 470697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-rhode-island-department-of-mental-health-retardation-hospitals-ca1-1993.