CRIPE v. CITY OF SAN JOSE

Nos. 99-15253, 00-15625.

261 F.3d 877 (2001)

Rodger M. CRIPE; Brad J. Martin; James P. O'Keefe; Thomas F. Palmer; Vince Fearheiley; Brian J. Arvin, Plaintiffs-Appellants, v. CITY OF SAN JOSE; San Jose Police Officers Association, Defendants-Appellees. Brian J. Arvin; Mercedes Helen Phillips, Plaintiffs-Appellants, v. City of San Jose; San Jose Police Officers Association, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 17, 2001


Attorney(s) appearing for the Case

Frank A. Jelinch, Cupertino, California, John C. Stein, Boccardo Law Firm, LLP, San Jose, California, for Plaintiffs-Appellants Roger M. Cripe, James P. O'Keefe, Thomas F. Palmer, and Vince Fearheiley.

Daniel Jensen, Milpitas, California, for Plaintiffs-Appellants Brian J. Arvin and Mercedes Phillips.

Clifford S. Greenberg, Senior Deputy City Attorney, San Jose, California, for Defendant-Appellee City of San Jose.

Before: Stephen Reinhardt, A. Wallace Tashima, and Marsha S. Berzon, Circuit Judges.


Argued and Submitted April 10, 2001 — San Francisco, California

REINHARDT, Circuit Judge:

The plaintiffs in this consolidated action, San Jose police officers with neck and back injuries that prevent them from serving as patrol officers, contend that the City of San Jose's policy that categorically restricts the jobs that officers with disabilities can perform to a small number of undesirable positions violates the Americans with Disabilities Act (ADA...

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