Puletasi

Puletasi v. Wills

Good Law
290 F. App'x 14
United States Court of Appeals for the Ninth CircuitJuly 11, 2008No. 07-15015California939 words

Opinion

Lead Opinion

MEMORANDUM *

Palasi Sam Puletasi appeals the summary judgment dismissing his discrimination, retaliation, and affirmative action claims against the Secretary of the Department of Homeland Security (“Secretary”). Puletasi worked as a special agent criminal investigator in the Honolulu office of U.S. Immigration and Customs Enforcement (“ICE”). In January 2001, he contracted Guillain-Barre Syndrome, a disease that caused temporary paralysis of his body. Puletasi contends that ICE violated the Rehabilitation Act of 1973, 29 U.S.C. § 791 et seq., by taking several adverse employment actions, including termination of his employment. We affirm the judgment.

I

Puletasi is not a “qualified individual with a disability” under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12111 (8). In determining whether a violation of the Rehabilitation Act has occurred, the standards of Title I of the ADA apply. 29 U.S.C. § 791 (g); McLean v. Runyon, 222 F.3d 1150, 1153 (9th Cir. 2000). The ADA’s employment protections apply only if a plaintiff demonstrates that he or she is a “qualified individual with a disability,” defined as “an individual with a disability who, with or without…

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