DAUGHERTY v. CITY OF EL PASO

No. 94-50212.

56 F.3d 695 (1995)

Carl DAUGHERTY, Plaintiff-Appellee, v. The CITY OF EL PASO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 3, 1995.


Attorney(s) appearing for the Case

Daniel H. Hernandez, Laura K. Norden, Asst. City Attys., El Paso, TX, for appellant.

Howard A. Hickman, Smith & Gopin, El Paso, TX, for appellee.

Before REAVLEY, GARWOOD and EMILIO M. GARZA, Circuit Judges.


REAVLEY, Circuit Judge:

Carl Daugherty was awarded a money judgment against the City of El Paso under the Americans with Disabilities Act (ADA or Act), 42 U.S.C. §§ 12101-12213. We reverse and render.

BACKGROUND

In 1991 Daugherty was hired by the city as a "coach operator," i.e. a public bus driver. This position was a part-time permanent position under the city's civil service regime. In June of 1992 Daugherty was diagnosed as an insulin...

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