United States Tenth Circuit

Summary judgment for defendant on plaintiff's claims of disability discrimination and retaliation under the ADA is reversed as to the court's exclusion from consideration plaintiff's theory of discrimination based on defendant's allegedly discriminatory policy.

Appellate Information

• Decided 09/13/2007
• Published 09/14/2007

Judges

• TACHA, Chief Circuit Judge., Before TACHA, Chief Judge, TYMKOVICH, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• George A. Barton, Law Offices of George A. Barton, P.C., Kansas City, MO (Fredrick D. Deay, II, Law Offices of Fredrick D. Deay, II, Overland Park, KS, with him on the briefs), appearing for Plaintiff-Appellant., Dori K. Bernstein, Attorney (James L. Lee, Deputy General Counsel, Lorraine C. Davis, Acting Associate General Counsel, and Carolyn L. Wheeler, Assistant General Counsel, with her on the brief), United States Equal Employment Opportunity Commission, Washington, DC, appearing for Amicus Curiae.


• For Appellees:
  
• Thomas B. Weaver, Armstrong Teasdale LLP, St. Louis, MO (Daniel K. O'Toole, Armstrong Teasdale LLP, St. Louis, Missouri;  Laurence R. Tucker and Melody L. Nashan, Armstrong Teasdale LLP, Kansas City, MO, on the briefs), appearing for Defendant-Appellee.