United States Tenth Circuit

In a suit brought by a former employee alleging that a county's actions in terminating him following open heart surgery violated his rights under the Americans with Disabilities Act (ADA)and the Due Process Clause, summary judgment for the county is affirmed where: 1) plaintiff failed to introduce evidence from which a reasonable jury could find that he was disabled under the ADA; and 2) he failed to establish he had a protected property interest in his continued employment because he expressly agreed in a contract that his "immediate termination" would result from taking leave without pay, and the county did not waive its rights.

Appellate Information

• Decided 04/24/2007
• Published 04/25/2007

Judges

• McCONNELL, Circuit Judge., Before KELLY, McCONNELL, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Alan V. Johnson, Sloan, Eisenbarth, Glassman, McEntire & Jarboe, L.L.C., Topeka, KS, for Plaintiff-Appellant.


• For Appellees:
  
• Carolyn L. Matthews (James D. Oliver, with her on the brief), Foulston Siefkin LLP, Wichita, KS, for Defendant-Appellee.