Wells

Wells v. Mutual of Enumclaw

Good Law
244 F. App'x 790
United States Court of Appeals for the Ninth CircuitJuly 25, 2007No. 05-35913California508 words

Opinion

Lead Opinion

MEMORANDUM *

Appellant Scott Wells (“Wells”) brought an Americans with Disabilities Act claim against his employer, Mutual of Enumclaw (“Mutual”), alleging that Mutual violated 42 U.S.C. § 12112 (b)(5)(A) by terminating his employment before providing him with reasonable accommodations for the angry outbursts he experienced as a result of his early-onset Alzheimer’s Disease and its related dementia. Wells appeals the district court’s summary judgment grant in favor of Mutual.

Reviewing the district court’s grant of summary judgment de novo, Blankenhorn v. City of Orange, 485 F.3d 463, 470 (9th Cir.2007), summary judgment was properly granted here. A disabled employee is entitled to reasonable accommodations for disability-created limitations only upon request or by meeting the narrow exception articulated in Brown v. Lucky Stores, Inc., 246 F.3d 1182, 1188 (9th Cir.2001). 1 Viewing the evidence in the light most favorable to Wells and drawing all reasonable inferences in his favor, see id. at 1187 , Mutual’s duty to provide Wells with a reasonable accommodation was never triggered.

Although Wells told Mutual he had been diagnosed with early-onset Alzheimer’s Disease and…

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