lupus, fibromyalgia, and osteoarthritis, constitute disabilities; that Wal-Mart framed her for attempting to steal a digital camera and battery from the store on September 24, 2004; and that Wal-Mart then terminated her within a month after the incident because of her disability. In defense, Wal-Mart argues that, although she had various ailments, Carpenter was not disabled; that she was not framed but actually did attempt to commit theft; and that she was fired for her attempted theft, rather than because of any disability, actual or perceived.
Carpenter filed an Equal Opportunity Employment Commission ("EEOC") Charge on June 14, 2005, alleging several types of discrimination. The EEOC dismissed the Charge on January 19, 2006, and on April 19, 2006, Carpenter filed suit in the Eighth Judicial District Court for thebrown bag, a digital camera and a digital camera battery and plaintiff denied having any knowledge of those items.
(Doc. 28-2, p. 2). Carpenter's objections here strain, and then break, credulity. She argues as follows: "First, Plaintiff testified that she was never shown the contents of the bag. . . . Second, Bill Bolton did show her the contents of the bag at the end of the 3 hour interrogation. The bag contained a camera and a battery." (Doc. 34-2, par. 7). Carpenter cannot say both that "she was never shown the contents of the bag" (emphasis added) and that she was shown the contents of the bag. The record clearly shows that she was shown the contents, a digital camera and a battery.
Next, Carpenter plays semantic games by