Kees

Kees v. Wallenstein

Good Law
161 F.3d 1196·1998 WL 813374
United States Court of Appeals for the Ninth CircuitNovember 25, 1998No. 97-35559California1,199 words

Opinion

Lead Opinion

Nelson, J.

ORDER

The Memorandum disposition filed August 17, 1998, is redesignated as an authored Opinion by Judge D.W. Nelson.

OPINION

Plaintiffs, former King County Jail corrections officers, appeal the district court’s grant of summary judgment in favor of King County and various King County employees. Plaintiffs brought an action alleging that they were removed from their positions in violation of, inter alia, the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101-12213 (1994). Defendants maintain that plaintiffs are not qualified individuals under the ADA because their inability to have direct inmate contact prevents them from performing the essential functions of the corrections officer job. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Factual and Procedural Background

Robert Niece, Joseph McCreary, Reginald Kees, and John Standley (collectively “plaintiffs”) were employed by the King County Department of Adult Detention (“DAD”) as corrections officers at King County jail (“the jail”). All four plaintiffs allege that they have impairments that prevent them from having direct contact with inmates.

Niece started working as a corrections officer for…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.