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LEE v. CITY OF SALEM

No. 00-1134

259 F.3d 667 (2001)

Jimmy Dale Lee, Plaintiff-Appellee, v. City of Salem, Indiana, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 1, 2001

Attorney(s) appearing for the Case

Stephen W. Voelker (argued), Jeffersonville, IN, for Plaintiff-Appellee.

Richard S. Ewing (argued), Due, Doyle, Pugh, Ewing & Metzger, Indianapolis, IN, for Defendant-Appellant.

Before BAUER, POSNER, and ROVNER, Circuit Judges.

ROVNER, Circuit Judge.

After Jimmy Dale Lee suffered a back injury that left him unable to perform heavy physical labor, the City of Salem, Indiana ("Salem" or the "city") discharged him from his position as sexton of the city's cemetery. Lee sued the city pursuant to the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101, contending that he remained able to perform his work with or without accommodation. A jury found in his favor and awarded him damages...

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