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BROWNFIELD v. CITY OF YAKIMA

No. 09-35628.

612 F.3d 1140 (2010)

Oscar J. BROWNFIELD, Plaintiff-Appellant, v. CITY OF YAKIMA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 27, 2010.

Attorney(s) appearing for the Case

John G. Bergmann, Helsell Fetterman, LLP, Seattle, WA, and Lish Whitson, Lish Whitson, PLLC, Seattle, WA, for the plaintiff-appellant.

Jerry J. Moberg, Jerry Moberg & Associates, Ephrata, WA, for the defendant-appellee.

Before: HAWKINS, CARLOS F. LUCERO, and N. RANDY SMITH, Circuit Judges.

OPINION

LUCERO, Circuit Judge:

Oscar J. Brownfield appeals the district court's grant of summary judgment in favor of the City of Yakima on his claims for violations of the Americans with Disabilities Act ("ADA") and the Family Medical Leave Act ("FMLA"), and for First Amendment retaliation. We hold that the City did not violate Brownfield's rights under the ADA by requiring a fitness for duty exam ("FFDE") after he repeatedly exhibited emotionally volatile...

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