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CHARBONNEAU v. GORCZYK

No. 01-312.

838 A.2d 117 (2003)

2003 VT 105

John CHARBONNEAU v. John GORCZYK.

Supreme Court of Vermont.

November 7, 2003.

Attorney(s) appearing for the Case

Matthew Valerio, Defender General, Seth Lipschutz, Prisoners' Rights Office, and Michal Mokryn, Legal Intern, Montpelier, for Plaintiff-Appellant.

William H. Sorrell, Attorney General, Montpelier, and Nicole Andreson, Assistant Attorney General, Waterbury, for Defendant-Appellee.

Present: AMESTOY, C.J., DOOLEY, JOHNSON and SKOGLUND, JJ., and ALLEN, C.J. (Ret.), Specially Assigned.

AMESTOY, C.J.

¶ 1. Plaintiff John Charbonneau appeals a decision by the Orleans County Superior Court dismissing his claim against John Gorczyk, Commissioner of the Vermont Department of Corrections (DOC) for discrimination under Title II of the Americans with Disabilities Act (ADA). Following a bench trial, the trial court concluded that (1) plaintiff is not "disabled" under the ADA, and (2) if plaintiff is disabled...

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