Nancy Walsh v. Nevada Department of Human Resources, Division of Healthcare, Finance and Policy State of Nevada

Nancy Walsh appeals the dismissal of her suit under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12117 (a), against the State of Nevada, the State Department of Human Resources, and individual employees of the Department. Holding that the state defendants are immune and that the individuals cannot be sued for money damages, and that the request for injunctive relief suffered several infirmities, we affirm the judgment of the district court.

FACTS

Walsh began working for the Nevada Department of Human Resources (“Department”) in February 2001. Several years before her employment, Walsh was diagnosed with obsessive-compulsive disorder (“OCD”), an anxiety disorder. For two years, she made no request for special accommodation and received “solid” performance reviews.

In March 2003, Walsh began working directly for program specialist Jeri Bennett. Under Bennett’s supervision, Walsh experienced increased anxiety and depression, as well as a return of ritualistic behaviors such as counting and checking. On April 16, Walsh and Bennett had an altercation that resulted in an investigation by Bennett’s supervisor, Social Services Chief Tina Gerber-Winn. On April 21, 2003, Walsh…