Winne v. City of Lakewood, Colorado, No. 10-1568 (10th Cir. 2011)
Annotate this CasePlaintiff-Appellant Terry Winne appealed a district court's order that dismissed his complaint for failing to state a claim under the Family and Medical Leave Act (FMLA). In 1999, Winne began working for the City of Lakewood, Colorado as an emergency dispatcher. In 2005, he was injured in an automobile accident, requiring that he take medication for headaches. A change in his medication in January 2008 caused him to “suffer cognitive problems,” and he was placed on intermittent FMLA leave throughout “the spring and summer.” On August 11, 2008, the City transferred Winne to the police department’s records section after a psychiatrist found him unfit for his dispatcher duties. Roughly two weeks later, the City fired Winne, “even though he still had available FMLA leave.” The City stated “that the termination was because of his attendance.” Upon review, the Tenth Circuit found that Plaintiff's complaint failed to allege the material elements necessary for his FMLA claim. The Court affirmed the district court's dismissal of his case.
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