Magdaleno

MEMORANDUM **

Daniel Magdaleno (“Magdaleno”) appeals the district court’s order granting Washington County’s (“the County”) motion for summary judgment. Magdaleno, a former Washington County Sheriffs Deputy, filed this action under the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12101 et ser/., alleging discrimination on the basis of his post-traumatic stress disorder (“PTSD”). The district court granted summary judgment to the County, holding there is no triable issue of fact as to whether Magdaleno is “disabled” under the ADA. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. Because the facts are known to the parties, we revisit them only as necessary.

Magdaleno asserts he is “disabled” under the ADA because: (1) he has an actual disability, defined as a physical or mental impairment that “substantially limits” a major life activity, and (2) alternatively, the County “regarded” him as having a disability. See Toyota Motor Mfg., Kentucky, Inc. v. Williams, 534 U.S. 184, 193-94 , 122 S.Ct. 681 , 151 L.Ed.2d 615 (2002) (citing 42 U.S.C. § 12102 (2)).

First, Magdaleno asserts he has an actual disability under the ADA because his PTSD “substantially…