United States Tenth Circuit

In an Americans with Disabilities Act (ADA) action based on defendant's failure to hire plaintiff, summary judgment for defendant is affirmed where plaintiff failed to rebut defendant's evidence suggesting that the male candidate it hired as Fiscal Officer had superior qualifications to plaintiff's, as well as its evidence that she was not, at the time of the hiring decision, disabled within the meaning of the ADA.

Appellate Information

• Decided 02/08/2010
• Published 02/08/2010

Judges

• GORSUCH, Circuit Judge., Before GORSUCH, McKAY, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• John R. Olsen of Olsen & Brown, LLC, Niwot, CO, for Plaintiff-Appellant.


• For Appellees:
  
• Katherine M.L. Pratt (Thomas J. Lyons with her on the brief), of Hall & Evans, Denver, CO, for Defendant-Appellee.