United States Ninth Circuit

In an action under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) based on the placement of plaintiff-police officer on administrative leave, summary judgment for defendant is affirmed where employer-city did not violate plaintiff's rights under the ADA by requiring a fitness for duty exam after he repeatedly exhibited emotionally volatile behavior while serving as a police officer, his complaints regarding a coworker with whom he shared duties did not address matters of public concern, and his FMLA claim lacked merit.

Appellate Information

• Argued 04/08/2010
• Decided 07/27/2010
• Published 07/27/2010

Judges

• Carlos F. Lucero

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John G. Bergmann, Jerry J. Moberg