Fultz
Fultz v. City of Salem
Opinion
Lead Opinion
MEMORANDUM *
After Plaintiff Randall Fultz suffered a work-related injury to his left ring finger, Defendant City of Salem terminated his employment as a police officer. Plaintiff filed this action alleging violations of Title I of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12112 , and the Rehabilitation Act of 1973, 29 U.S.C. § 794 . The district court granted summary judgment to Defendant. We affirm, because the record would not permit a trier of fact to find that Plaintiff is “disabled.”
Plaintiff first asserts that the injury to his finger substantially limits him in the major life activity of working. The regulations define “working” as a major life activity, 29 C.F.R. § 1630.2 (i), but Plaintiffs argument on substantiality is foreclosed by Sutton v. United Air Lines, Inc., 527 U.S. 471 , 119 S.Ct. 2139 , 144 L.Ed.2d 450 (1999). On this record, Plaintiffs injury precludes him from performing *626 only law enforcement jobs that require forcible arrests or involvement with potentially combative situations; that is not a broad class of jobs.
Second, Plaintiff asserts that he is substantially limited in his ability to perform manual tasks, a major life activity.…