United States Tenth Circuit

In an action brought under the American with Disabilities Act (ADA), summary judgment for defendant is reversed and the case remanded where: 1) plaintiff presented evidence supporting an inference that defendant mistakenly believed him to be substantially limited in the activity of working; 2) defendant's reliance on the opinions of medical professionals was a pretext used to cover for the unsubstantiated belief; and 3) a reasonable jury could conclude that the likelihood of harm was extremely small and plaintiff did not pose a direct threat to the safety of himself or others at his workplace.

Appellate Information

• Decided 06/03/2008
• Published 06/03/2008

Judges

• BRISCOE, Circuit Judge., Before BRISCOE, McKAY, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Richard C. LaFond (Jay Dee Schaefer, Laramie, Wyoming, with him on the briefs), LaFond & Sweeney, LLC, Denver, CO, for Plaintiff-Appellant.


• For Appellees:
  
• Tracy A. Miller (Christopher J. Meister with her on the brief), Ogletree, Deakins, Nash, Smoak and Stewart, P.C., Phoenix, AZ, for Defendant-Appellee.