Baty Otto Scheer attorneys prevailed on summary judgment in a governmental liability lawsuit arising from an alleged violation of the Americans with Disabilities Act (ADA). The plaintiff, a terminated state employee, asserted disability discrimination and retaliation under the Act. In granting summary judgment for the state, the court found that the plaintiff could not establish a prima facie case of discrimination nor retaliation, writing in its opinion that the state’s termination of plaintiff’s employment was for a legitimate, nondiscriminatory reason. The plaintiff, following a surgery and return to work, was unable to fulfill essential functions of a job that required significant physical activity. The court also found that the state’s termination of the plaintiff was not pretextual.