Fiumara v. President & Fellows of Harvard College

FARRIS, Circuit Judge.

The record satisfies us that there is no genuine issue of material fact for trial. We review grants of summary judgment de novo. Okmyansky v. Herbalife Int’l of America, Inc., 415 F.3d 154, 158 (1st Cir. 2005).

Of the Ninth Circuit, sitting by designation.

It is the plaintiffs burden to show that material questions of fact exist. See Celotex Corp. v. Catrett, 477 U.S. 317, 322, 324, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). To do so in this matter, the plaintiff must show that he (1) is statutorily impaired under the Americans with Disabilities Act, 42 U.S.C. § 12101 (2000),…