United States Seventh Circuit

In plaintiff-police officer's ADA claim against defendant-village, dismissal of his case on the ground of judicial estoppel is affirmed where: 1) to succeed on an ADA claim, a plaintiff must show that with or without reasonable accommodations, he can perform the essential functions of his job; and 2) here, accepting plaintiff's sworn testimony before the pension board as true, the court could not see how he could perform essential police functions with or without accommodations.

Appellate Information

• Decided 10/27/2009
• Published 10/27/2009

Judges

• EVANS, Circuit Judge., Before POSNER, MANION, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Martin K. Denis (argued), Barlow, Kobata & Denis, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Jody Knight, Gregory S. Mathews (argued), Ancel, Glink, Diamond, Bush, Dicianni & Krafthefer, P.C., Chicago, IL, for Defendant-Appellee.