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KAPCHE v. HOLDER

Nos. 11-5018, 11-5017.

677 F.3d 454 (2012)

Jeffrey KAPCHE, Appellant/Cross-Appellee v. Eric H. HOLDER, Jr., Attorney General of the United States, Appellee/Cross-Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 13, 2012.

Attorney(s) appearing for the Case

John W. Griffin, Jr. argued the cause for the appellant/cross-appellee. Katherine L. Butler and David Cashdan were on brief.

Michael A. Greene was on brief for amicus curiae American Diabetes Association in support of the appellant/cross-appellee.

Lindsey Powell , Attorney, United States Department of Justice, argued the cause for the appellee/cross-appellant.

Tony West , Assistant Attorney General, Ronald C. Machen, Jr. , United States Attorney, and Marleigh D. Dover , Attorney, were on brief. Anisha S. Dasgupta , Attorney, United States Department of Justice, and R. Craig Lawrence , Assistant United States Attorney, entered appearances.

Opinion for the Court filed by Circuit Judge HENDERSON.

KAREN LECRAFT HENDERSON, Circuit Judge.

Jeffrey Kapche (Kapche) sued United States Attorney General Eric H. Holder, Jr. (Holder), alleging that the Federal Bureau of Investigation (FBI) refused to hire him as a special agent because of his Type 1 diabetes in violation of the Rehabilitation Act of 1973 (Act), 29 U.S.C. §§ 701 et seq. A jury found in favor of Kapche and awarded him $100,000 in compensatory damages. Subsequently, the district court denied...

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