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CASTRO v. SECRETARY OF HOMELAND SEC.

No. 04-16682.

472 F.3d 1334 (2006)

Rafael CASTRO, Plaintiff-Appellant, v. SECRETARY OF HOMELAND SECURITY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 22, 2006.

Attorney(s) appearing for the Case

Robin I. Cohen, Daniel R. Levine, Shapiro, Blasi & Wasserman, P.A., Boca Raton, FL, for Castro.

Anne Murphy, William Kanter, U.S. Dept. of Justice, Washington, DC, Anne R. Schultz, Lisette M. Reid and Carol E. Herman, Asst. U.S. Attys., Miami, FL, for Defendant-Appellee.

Before EDMONDSON, Chief Judge, and BARKETT and COX, Circuit Judges.

PER CURIAM:

In this appeal, we consider whether the Plaintiff, a disabled applicant for a transportation security screening position can sue the Department of Homeland Security (DHS) for violation of the Rehabilitation Act of 1973, 29 U.S.C. §§ 791, 794. We conclude that he cannot because the Aviation and Transportation Security Act, 49 U.S.C. § 44935, (ATSA) exempts the Transportation Security Administration from certain requirements of the Rehabilitation...

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