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CONNECTICUT OPINIONS SEPTEMBER 7, 2020 ¦ 33

Defendant filed a motion for summary judg- by denying his request for a commander’s in-
ment and the court denied it without discuss- quiry, denying his whistleblower reprisal com-
ing the underlying facts. Defendant first ar- plaint, and constructively denying his appli-
gued that plaintiff was not an employee for cations to correct his record. Defendant first
the purposes of the ADA because she was a argued that the court lacked jurisdiction over
shareholder of the professional corporation. the complaint. The court agreed. Under the
The court recognized that plaintiff had created APA, plaintiffs may petition a federal court
a genuine issue of material fact as to whether for review of a final agency decision for which
she was an employee and whether she was able there is no other adequate remedy in a court.
to influence the organization. There were is- Here, plaintiff did not allege that he filed a
sues as to whether plaintiff was provided with Military Whistleblower Protection Act com-
notice of all shareholder meetings when she plaint within the one year statutory deadline,
was on medical leave, whether she was given he did not specify that any of the applica-
the opportunity to influence or participate in tions fell under that Act, and he did not pro-
the decision regarding whether she would be vide the court with any such complaints for
reimbursed for attorneys’ fees, and whether review. As such, plaintiff did not show that
defendant refused to give her information re- the Army Board for Correction of Military
garding the financial status of the business. Records constructively denied his applica-
Defendant then argued that plaintiff was not
qualified to perform the essential functions of tions and that they are now eligible for review.
the position with or without reasonable ac- Therefore, there was no final agency action for
commodation. The court disagreed, finding the court to review. The court also dismissed
genuine issues of material fact here as well. It plaintiff ’s due process claim, finding that it es-
stated there was evidence that defendant made sentially reinstated his APA claim. He did not
accommodation for other physician-share- allege that he was deprived of any liberty or
holders who were in similar positions to plain- property interest.

tiff. The court also found there was a genuine
issue of material fact as to whether plaintiff ’s
disability was the but-for cause of her termi-
nation; it stated there was ample evidence that
could support a conclusion that defendant’s
proffered reasons for firing her were pretex-
tual. Therefore, the court denied defendant’s
motion for summary judgment.

MILITARY LAW • ADMINISTRATIVE LAW

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DOC. NO.: 3:19-cv-334
COURT OPINION BY: Bolden GeT a free 24-hour Trial
DATE: August 21, 2020 • PAGES: 29
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Plaintiff sued defendant, Secretary of the
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violations of his due process rights under the
Fifth Amendment. Defendant moved to dis- CONNECTICUT
miss and the court granted the motion. Plain- Law Tribune
tiff claimed that defendant violated the APA