Pritchard v. Southern Co. Services

Decision Date13 December 1996
Docket NumberNo. 95-6312,95-6312
Citation102 F.3d 1118
Parties6 A.D. Cases 206, 19 A.D.D. 905, 10 Fla. L. Weekly Fed. C 653 Sue PRITCHARD, Plaintiff-Appellant, v. SOUTHERN COMPANY SERVICES, Don Welliver, and Jeff Prince, Defendants-Appellees.
CourtU.S. Court of Appeals — Eleventh Circuit

Appeal from the United States District Court for the Northern District of Alabama.

ON PETITION FOR REHEARING

(Opinion Aug. 28, 1996, 11th Cir., 1996, 92 F.3d 1130)

Before CARNES, Circuit Judge, and FAY and GIBSON *, Senior Circuit Judges.

ORDER:

Appellees' Petition for Rehearing is denied except as to a modification of the last paragraph of our opinion clarifying the status of the individual officers of Southern Company Services, Inc. Part IV Conclusion is amended to read:

IV. CONCLUSION

We conclude that the District Court erred when it granted SCSI summary judgment under the ADA and the Rehabilitation Act. We REVERSE that part of its decision. We AFFIRM summary judgment in favor of SCSI as to the Title VII claim, and we also affirm summary judgment in favor of Don Welliver and Jeff Prince as to all claims. 7

* Honorable John R. Gibson, Senior U.S. Circuit Judge for the Eighth Circuit, sitting by designation.

7 Pritchard's remedy for any discrimination she may have suffered on account of her alleged disability lies against her employer, not individual officers of her employer. See Mason v. Stallings, 82 F.3d 1007, 1009 (11th Cir.1996).

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70 cases
  • Wyant v. Burlington Northern Santa Fe R.R.
    • United States
    • U.S. District Court — Northern District of Alabama
    • 5 Junio 2002
    ...form that would be admissible at trial. See Pritchard v. Southern Co. Services, 92 F.3d 1130, 1135, amended in part on rehearing, 102 F.3d 1118 (11th Cir.1996), cert. denied, 520 U.S. 1274, 117 S.Ct. 2453, 138 L.Ed.2d 211 (1997). An affidavit submitted in connection with a motion for summar......
  • Vincent v. Wells Fargo Guard Services, Inc.
    • United States
    • U.S. District Court — Southern District of Florida
    • 10 Marzo 1998
    ...because of his disability. Pritchard v. Southern Company Services, 92 F.3d 1130, 1132 (11th Cir.), amended on reh'g in part, 102 F.3d 1118 (11th Cir.1996) (modifying last paragraph of opinion with no substantive changes), cert. denied, ___ U.S. ___, 117 S.Ct. 2453, 138 L.Ed.2d 211 (1997). A......
  • Taylor v. City of Gadsden, an Ala. Mun. Corp.
    • United States
    • U.S. District Court — Northern District of Alabama
    • 29 Julio 2013
    ...210 F.Supp.2d 1263 (N.D.Ala.2002) (quoting, Pritchard v. Southern Co. Services, 92 F.3d 1130, 1135,amended in part on rehearing,102 F.3d 1118 (11th Cir.1996), cert. denied,520 U.S. 1274, 117 S.Ct. 2453, 138 L.Ed.2d 211 (1997)). No such showing having been made in this case, paragraph one is......
  • Wilson v. Lemington Home for the Aged
    • United States
    • U.S. District Court — Western District of Pennsylvania
    • 25 Junio 2001
    ...for purposes of the ADA. See, e.g., Pritchard v. Southern Co. Servs., 92 F.3d 1130, 1132 (11th Cir.1996), amended on reh'g, 102 F.3d 1118 (11th Cir.1996) (stating that depression has been held to constitute mental impairment); Duda v. Board of Educ., 133 F.3d 1054, 1059 (7th Cir.1998) (reco......
  • Request a trial to view additional results
1 books & journal articles
  • Employment Discrimination - Richard L. Ruth
    • United States
    • Mercer University School of Law Mercer Law Reviews No. 48-4, June 1997
    • Invalid date
    ...20. Id. 21. Id. at 1456. 22. Id. 23. Id. 24. Id. at 1457. 25. Id. at 1457-58. 26. Id. at 1458. 27. 92 F.3d 1130 (11th Cir.), amended by 102 F.3d 1118 (11th Cir. 1996). 28. 92 F.3d at 1131-35. 29. Id. 30. Id. at 1135. 31. Id. 32. 99 F.3d 1078 (11th Cir. 1996). 33. Id. at 1080-81. 34. Id. at ......

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