MARTIN v. KANSAS

Nos. 98-3102, 98-3118.

190 F.3d 1120 (1999)

Steven A. MARTIN, Plaintiff-Appellant and Cross-Appellee, v. State of KANSAS, Defendant-Appellee and Cross-Appellant, and United States of America, Intervenor, Colorado Cross Disability Coalition and The Legal Center for People with Disabilities and Older People, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

August 19, 1999.


Attorney(s) appearing for the Case

Kirk W. Lowry, Palmer, Lowry & Leatherman, Topeka, Kansas, for Plaintiff-Appellant and Cross-Appellee.

Edward F. Britton, Jr. and Lisa A. Mendoza, Kansas Department of Corrections, Topeka, Kansas, for Defendant-Appellee and Cross-Appellant.

Seth M. Galanter (Jessica Dunsay Silver with him on the brief), Attorneys, Department of Justice, Washington, D.C., for Intervenor.

William P. Bethke and Kristin A. Kutz, Kutz & Bethke, Lakewood, Colorado, and Kevin W. Williams, General Counsel, Colorado Cross Disability Coalition, Denver, Colorado, for Amicus Curiae Colorado Cross Disability Coalition.

Chester R. Chapman and Michael W. Breeskin, Denver, Colorado, for Amicus Curiae The Legal Center for People with Disabilities and Older People.

Before EBEL, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and LUCERO, Circuit Judge.


EBEL, Circuit Judge.

Plaintiff-appellant Steven A. Martin ("Martin"), a former state corrections officer, appeals the district court's orders granting summary judgment in favor of the defendant-appellee State of Kansas ("State") on Martin's claims of disability discrimination and impermissible medical inquiry, brought pursuant to the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101-12213. The State cross-appeals the district court's denial of the state...

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