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BRISTOL v. BD. OF COUNTY COM'RS OF CLEAR CREEK

No. 00-1053.

281 F.3d 1148 (2002)

Gary BRISTOL, Plaintiff-Appellee, v. The BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF CLEAR CREEK and Don Krueger, in his official capacity as the Sheriff of the County of Clear Creek, Defendants-Appellants, County Sheriffs of Colorado, Inc., Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

February 26, 2002.

Attorney(s) appearing for the Case

Robert M. Liechty, Denver, CO, for Defendants-Appellants.

Evan S. Lipstein of Law Offices of Evan S. Lipstein, Lakewood, CO, John W. Berry, Denver, CO, with him on the brief, for Plaintiff-Appellee.

Josh A. Marks and Andrew D. Ringel, Hall & Evans, L.L.C., Denver, CO, filed a brief on behalf of the Amicus Curiae.

Before EBEL and LUCERO, Circuit Judges, and VRATIL, District Judge.

EBEL, Circuit Judge.

This appeal involves several issues arising under the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-12213. Specifically, we hold, first, that in a case tried to a jury, the court decides whether the plaintiff has identified "impairments" and "major life activities" recognized under the ADA, but that the jury decides whether the plaintiff has demonstrated by a preponderance of the...

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