United States Third Circuit

In plaintiff's suit against several federal government defendants under the Americans with Disabilities Act and the Rehabilitation Act, arising from a voluntary layoff from employment at the Tobyhanna Army Depot, district court's grant of summary judgment in favor of the defendants is affirmed where: 1) because plaintiff did not demonstrate that the medications that were causing his problems were medically necessary, their side effects cannot be considered as impairments within the meaning of the ADA; 2) plaintiff's employers did not regard him as disabled within the meaning of the ADA; and 3) plaintiff could not have had a good faith belief that his side effects were anything but temporary, and therefore he could not have had a good faith belief that he was disabled within the meaning of the ADA.

Appellate Information

• Argued 01/29/2010
• Decided 04/12/2010
• Published 04/12/2010

Judges

• Before: RENDELL and JORDAN, Circuit Judges, and PRATTER, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Cynthia L. Pollick, Esq., [Argued], The Employment Law Firm, Pittston, PA, for Appellant., Kate L. Mershimer, Esq., [Argued], Office of the United States Attorney, Harrisburg, PA, Jennifer Walsh, Esq., Ufberg & Associates, Scranton, PA, for Appellants, Tobyhanna Army Depot, John McHugh, U.S. Dept. Army, Secretary of the Army., Stephanie E. Lewis, Esq., [Argued], Andreas N. Satterfield, Jr., Esq., Martin J. Saunders, Esq., Jackson Lewis, Greenville, SC, for Appellant, Defense Support Services, LLC, dba DS2.