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NED MINGUS, Plaintiff-Appellee, v. SHERILYN BUTLER, Defendant-Appellant. |
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Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 05-73842—Marianne O. Battani, District Judge.
Submitted: October 13, 2009
Decided and Filed: January 5, 2010
Before: O’CONNOR, Associate Justice; GILMAN and GIBBONS, Circuit Judges.
JULIA SMITH GIBBONS, Circuit Judge. Defendant-appellant Sherilyn Butler appeals the district court’s interlocutory orders denying her summary judgment on grounds of qualified immunity from suit under 42 U.S.C. § 1983 and Eleventh Amendment immunity from suit under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12131 et seq., and denying her summary judgment on plaintiff-appellee Ned Mingus’s Fourteenth Amendment equal protection claim. For the following reasons, we AFFIRM in part, REVERSE in part, REMAND for further proceedings, and DENY Mingus’s motion for appointment of counsel.