Fitzpatrick v. Pennsylvania Dept. of Transp.

MEMORANDUM & ORDER

KATZ, Senior District Judge.

Plaintiff Brent Fitzpatrick alleges that his termination by defendant Pennsylvania Department of Transportation (PennDOT) and by a PennDOT County Manager, Carl Tosi, was in violation of various federal and state laws. Before the court is defendants’ motion to dismiss the amended complaint.

Factual Background 1

As a result of childhood polio, Mr. Fitzpatrick has an atrophied and paralyzed left shoulder and upper arm. See Compl. ¶ 5. He worked at PennDOT for nineteen years, starting in 1978 as a Highway Maintenance Worker. In 1982 he became an…