Roeber

Roeber v. Yakima

Good Law
21 F. App'x 649
United States Court of Appeals for the Ninth CircuitOctober 19, 2001No. 00-36011; D.C. No. CV-99-03032-LRSCalifornia396 words

Opinion

Lead Opinion

MEMORANDUM ***

Donald Roeber was discharged from his job with Dowty Aerospace Yakima following an altercation with a fellow employee. He brought this action alleging violations of the Americans with Disabilities Act, 42 U.S.C. § 12101-12213 (2001) (the Act), and the Washington Law Against Discrimination, wash, rev. codes § 49.60 (West 2001). The district court granted summary judgment on the ground, among others, that Roeber has failed to produce facts raising a triable issue that he was disabled within the meaning of the Act. We affirm.

The Act defines a “disability” as “a physical or mental impairment that substantially limits one or more of the major life activities of [an] individual.” 42 U.S.C. § 12102 (2) (2001). “Substantially limits” means “[u]nable to perform a major life activity that the average person in the general population can perform” or “[significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the ... average person .” Sutton v. United Air Lines, Inc., 527 U.S. 471, 480 , 119 S.Ct. 2139 , 144 L.Ed.2d 450 (1999) (citations and internal quotation marks omitted).

The…

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