Jeffrey v. Ashcroft

MEMORANDUM

VANASKIE, Chief Judge.

George A. Jeffrey has brought this action under the Rehabilitation Act of 1973, 29 U.S.C. § 791, claiming disability discrimination in connection with the decision of the Federal Bureau of Prisons (“BOP”) to terminate his probationary employment as a Chaplain. The BOP discharged Jeffrey after he failed a “Physical Abilities Test.” Defendant has moved for summary judgment. Because there are genuine issues of fact material to the questions of whether plaintiff’s chronic obstructive pulmonary disease renders him “disabled” within the intendment of the…