Tuesday, November 12, 2013

Bragdon v. Abbott case brief

Bragdon v. Abbott case brief summary
524 U.S. 624 (1998)


CASE SYNOPSIS
Petitioner dentist refused to treat respondent, infected with human immunodeficiency virus (HIV), in petitioner's office. Petitioner sought review of the judgment of the United States Court of Appeals for the First Circuit, which affirmed a trial court's grant of summary judgment in favor of respondent in a suit alleging discrimination on the basis of her disability in violation of Americans with Disabilities Act of 1990, 42 U.S.C.S. § 12182.

CASE FACTS

Respondent was infected with human immunodeficiency virus (HIV). Petitioner dentist informed respondent of his policy against filling cavities of HIV infected patients at his office. Respondent sued petitioner under 42 U.S.C.S. § 12182 of the Americans with Disabilities Act of 1990 (ADA). After discovery, the parties filed cross-motions for summary judgment. The judgment of the trial court, which ruled in favor of respondent, was affirmed by the court below.

DISCUSSION


  • The judgment of the court below, was affirmed insofar as it determined that that respondent's HIV was a disability under the ADA even though her infection had not yet progressed to the symptomatic phase. 
  • The Court held that HIV was an impairment from the moment of infection that substantially limited respondent's ability to reproduce, which was a major life activity.
  •  However, the judgment was vacated and remanded to the court below to give that court the opportunity to determine whether an analysis of some of the cited medical studies would change its conclusion that petitioner presented neither objective evidence nor a triable issue of fact on the health risks associated with petitioner's treatment of respondent.

CONCLUSION
The judgment of the court below, which affirmed a trial court's grant of summary judgment in favor of respondent in a suit alleging discrimination on the basis of her HIV disability under the Americans with Disabilities Act of 1990 (ADA), was affirmed insofar as it determined that respondent's HIV was a disability under the ADA. However, the judgment was vacated and remanded for a redetermination on the issue of dental treatment risk.


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