John Felde v. City of San Jose, San Jose Police Officers Association International Association of Firefighters, Local 230, Intervenors-Appellees

66 F.3d 335 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John FELDE, Plaintiff-Appellant, v. CITY OF SAN JOSE, Defendant-Appellee, San Jose Police Officers Association; International Association of Firefighters, Local 230, Intervenors-Appellees. No. 94-15272. United States Court of Appeals, Ninth Circuit. Submitted Sept. 12, 1995. * Decided Sept. 14, 1995. Before: CHOY, BEEZER and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Plaintiff John Felde filed this action against the City of San Jose ("City") claiming discrimination on the basis of disability in violation of the Americans with Disabilities Act, 42 U.S.C. Sec. 12101 , et seq. ("ADA"). The district court granted summary judgment in favor of the City of San Jose holding that the San Jose Police and Fire Department Retirement Plan ("Retirement Plan") does not discriminate against the disabled. 3 We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 and affirm the district court. 4 * John Felde was employed by the San…