THERIAULT v. FLYNN

No. 98-1420.

162 F.3d 46 (1998)

Dennis THERIAULT, Plaintiff, Appellant, v. Richard M. FLYNN, Commissioner, New Hampshire Department of Safety, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 8, 1998.


Attorney(s) appearing for the Case

Wiltrud R. Mott-Smith with whom Ronald K. Lospennato, was on brief, for appellant.

Martha A. Moore, Assistant Attorney General, with whom Philip T. McLaughlin, Attorney General, was on brief, for appellee.

Before LIPEZ, Circuit Judge, and COFFIN and CAMPBELL, Senior Circuit Judges.


COFFIN, Senior Circuit Judge.

Plaintiff-appellant Dennis Theriault claims that the Commissioner of the New Hampshire Department of Safety ("the Commissioner") violated the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213, by requiring him to take a road test as a prerequisite to renewing his driver's license when such testing was not a mandatory part of the renewal procedure for all applicants. Theriault, who has cerebral palsy and uses a wheelchair...

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