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WHITFIELD v. TENNESSEE

No. 09-6488.

639 F.3d 253 (2011)

Jessica WHITFIELD, Plaintiff-Appellant, v. State of TENNESSEE; Tennessee Department Of Mental Health & Developmental Disabilities; Virginia Trotter Betts, Commissioner, Tennessee Department of Mental Health & Developmental Disabilities, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 25, 2011.

Rehearing Denied April 18, 2011.

Attorney(s) appearing for the Case

ARGUED: Michelle Blaylock Owens , Agee, Van Atta & Owens, LLC, Nashville, Tennessee, for Appellant. Michael K. Markham , Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellees. ON BRIEF: Michelle Blaylock Owens , Lynn Agee , Agee, Van Atta & Owens, LLC, Nashville, Tennessee, for Appellant. Michael K. Markham , Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellees.

BOGGS, J., delivered the opinion of the court, in which SUHRHEINRICH and STRANCH, JJ., joined. STRANCH, J. (pp. 262-65), delivered a separate concurring opinion.

OPINION

BOGGS, Circuit Judge.

Jessica Whitfield is blind in one eye and has cerebral palsy. She began working as an administrative secretary with the Tennessee Department of Mental Health and Developmental Disabilities ("DMHDD") on September 4, 2007. She was fired less than six months later and subsequently brought this action alleging unlawful employment discrimination under the Americans with Disabilities Act ("ADA"). The district court granted summary...

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