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TYLER v. CITY OF MANHATTAN

No. 94-3344.

118 F.3d 1400 (1997)

Lewis "Toby" TYLER, Plaintiff-Appellant, v. CITY OF MANHATTAN, Defendant-Appellee, United States of America, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

July 8, 1997.

Attorney(s) appearing for the Case

L.J. Leatherman of Palmer & Lowry, Topeka, KS, for Plaintiff-Appellant.

Steve Fabert (William L. Frost, Manhattan, KS, and David P. Madden and Kurt A. Level of Fisher, Patterson, Sayler & Smith, L.L.P., Overland Park, KS, on the brief) for Defendant-Appellee, City of Manhattan.

Gregory B. Friel (Jessica Dunsay Silver with him on the brief), Department of Justice, Washington, DC, for Amicus Curiae United States of America.

Before BRISCOE and MURPHY, Circuit Judges, and JENKINS, Senior District Judge.

MURPHY, Circuit Judge.

The plaintiff, Lewis "Toby" Tyler, appeals a district court order striking his claim for compensatory damages under Title II of the Americans with Disabilities Act of 1990 (the "ADA"), 42 U.S.C. § 12133. The district court ruled that compensatory damages for mental and emotional injury were not available under the ADA absent intentional discrimination. The district court further concluded that Tyler had not claimed he was subjected to intentional...

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