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State Department of Corrections granted immunity for employee's ADA claims

John Montgomery sued his employer, the Department of Corrections, claiming the Department violated his rights under the Americans with Disabilities Act.  Montgomery is a diabetic and an electrician who experienced dizziness when working at heights.  He claimed, however, that his condition was controlled with medication and that he could still do his job.  For a period, jobs requiring work above 10' height were assigned to other employees, however, at the Mound facility, his supervisor refused to grant an accommodation and Montgomery was placed on medical leave.  He filed a grievance and the DOC participated.  Eventually he filed a civil rights claim.  The DOC argued that it was immune from any claim under the ADA under sovereign immunity rules.  The Court of Appeals agreed and sustained the dismissal of Montgomery's claim.  It ruled that by participating in the arbitration procedure, the State did not waive its governmental immunity.
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