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McELWEE v. COUNTY OF ORANGE

Docket No. 11-4366-cv.

700 F.3d 635 (2012)

James C. McELWEE, Plaintiff-Appellant, v. COUNTY OF ORANGE, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: November 15, 2012.

Attorney(s) appearing for the Case

Stephen Bergstein , Bergstein & Ullrich, LLP, Chester, NY, for Plaintiff-Appellant.

Karen Folster Lesperance ( David L. Posner , on the brief), McCabe & Mack LLP, Poughkeepsie, NY, for Defendant-Appellee.

Brian D. East , Disability Rights Texas, Austin, TX, for Amici Curiae National Disability Rights Network and Autism Speaks.

Before: RAGGI, CHIN, and CARNEY, Circuit Judges.

CHIN, Circuit Judge:

Plaintiff James C. McElwee appeals from a judgment of the United States District Court for the Southern District of New York (Duffy, J.). McElwee served as a volunteer at Valley View Center for Nursing Care and Rehabilitation ("Valley View"), a federally funded entity operated by defendant Orange County (the "County"). In 2009, McElwee was dismissed from Valley View's volunteer program after engaging in erratic and harassing behavior toward...

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