United States Third Circuit

Rulings for defendants on claims brought by court security officers under the Rehabilitation Act (RA), the Americans with Disabilities Act (ADA), and the Due Process Clause involving the process of medical qualification for their positions are affirmed where: 1) RA claims failed on exhaustion grounds; 2) due process claims against defendant-private security company were without merit; 3) although plaintiffs had a protected property interest that was affected by federal defendant, it provided them with sufficient process; and 4) as a matter of law, private defendant did not regard plaintiffs as impaired within the meaning of the ADA.

Appellate Information

• Decided 01/29/2007
• Published 01/29/2007

Judges

• FISHER, Circuit Judge., Before FUENTES, FISHER and McKAY, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Andrew M. Smith (Argued), Andrew Smith & Associates, Lafayette Hill, PA, Attorney for Appellants, John Wilson, Frank Kryjer and Donald Jones., Leslie Deak (Argued), Washington, DC, Attorney for Amicus-Appellant, United Government Security Officers of America International Union.


• For Appellees:
  
• Jason M. Branciforte, Katherine A. Goetzl (Argued), Littler Mendelson, Washington, DC, Attorneys for Appellee, MVM, Inc., Marleigh D. Dover, Eric Fleisig-Greene (Argued), U.S. Department of Justice, Civil Division, Washington, DC, Attorneys for Appellees, U.S. Marshal Service, etc., Judicial Conference of the United States and U.S. Department of Justice.