Trish JOHNSON, Plaintiff-Appellant,
v.
BOARD OF TRUSTEES OF the BOUNDARY COUNTY SCHOOL DISTRICT NO. 101; Don Bartling, in his capacity as Superintendent of the Boundary County School District No. 101, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted December 8, 2010.
Filed December 8, 2011.
Attorney(s) appearing for the Case
Jason Walta , National Education Association, Washington, D.C., argued the cause for the plaintiff-appellant and filed briefs. With him on the briefs were James M. Piotrowski and Marty Durand , Herzfeld & Piotrowski, Boise, ID, and John E. Rumel , Idaho Education Association, Boise, ID.
Bentley G. Stromberg , Clements, Brown & McNichols, P.A., Lewiston, ID, argued the cause for the defendants-appellees and filed a brief.
Dennis J. Dimsey , United States Department of Justice, Civil Rights Division, Washington, D.C., filed a brief on behalf of amici curiae the United States and United States Equal Employment Opportunity Commission. With him on the brief were Thomas E. Perez , Assistant Attorney General, Samuel R. Bagenstos , Principal Deputy Assistant Attorney General, and Roscoe Jones, Jr. , Attorney, United States Department of Justice, Civil Rights Division, Appellate Division, Washington, D.C.; and P. David Lopez , General Counsel, Carolyn L. Wheeler , Acting Associate General Counsel, Lorraine C. Davis , Assistant General Counsel, and Anne Noel Occhialino , United States Equal Opportunity Commission, Office of General Counsel, Washington, D.C.
Opinion by Judge O'SCANNLAIN; Partial Concurrence and Partial Dissent by Judge PAEZ.
United States Court of Appeals, Ninth Circuit.
OPINION
O'SCANNLAIN, Circuit Judge:
We must decide whether a disabled teacher is a "qualified individual with a disability" under the Americans with Disabilities Act.
I
A
Patricia ("Trish") Johnson, who had a history of depression and bipolar disorder, taught special education in the Boundary County School District No. 101 ("District") in Idaho for a decade. In May 2007, Johnson entered into a standard teaching contract with the...
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