Summary
holding that the plaintiff could not "use inadmissible hearsay to defeat summary judgment when that hearsay will not be reducible to admissible form at trial"
Summary of this case from Strozier v. City of LanettOpinion
No. 95-6312
Decided December 13, 1996
Deborah A. Mattison, Birmingham, AL, for Plaintiff-Appellant.
John J. Coleman, III, Teresa G. Minor, Birmingham, AL, for Defendants-Appellees.
Appeal from the United States District Court for the Northern District of Alabama.
ON PETITION FOR REHEARING
(Opinion Aug. 28, 1996, 11th Cir., 1996, 92 F.3d 1130)
ORDER:
Appellees' Petition for Rehearing is denied except as to a modification of the last paragraph of our opinion clarifying the status of the individual officers of Southern Company Services, Inc. Part IV Conclusion is amended to read:
IV. CONCLUSION
We conclude that the District Court erred when it granted SCSI summary judgment under the ADA and the Rehabilitation Act. We REVERSE that part of its decision. We AFFIRM summary judgment in favor of SCSI as to the Title VII claim, and we also affirm summary judgment in favor of Don Welliver an Jeff Prince as to all claims.
Pritchard's remedy for any discrimination she may have suffered on account of her alleged disability lies against her employer, not individual officers of her employer. See Mason v. Stallings, 82 F.3d 1007, 1009 (11th Cir. 1996)