ATKINS v. SALAZAR

No. 10-60940.

677 F.3d 667 (2011)

David A. ATKINS, Plaintiff-Appellant, v. Ken SALAZAR, Secretary, Department of the Interior, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 12, 2011.


Attorney(s) appearing for the Case

John Wallace Griffin, Jr. (argued), Marek, Griffin & Knaupp, Robert Edward McKnight, Jr. (argued), Law Office of Robert E. McKnight, Jr., Victoria, TX, Jim D. Waide, III , Waide & Associates, P.A., Tupelo, MS, for Plaintiff-Appellant.

Ava Nicola Jackson (argued), Feleica Lockhart Wilson (argued), Asst. U.S. Attys., Oxford, MS, for Defendant-Appellee.

Brian D. East, Sr. Atty., Advocacy, Inc., Austin, TX, for American Diabetes Ass'n, Amicus Curiae.

Before KING, GARZA and GRAVES, Circuit Judges.


PER CURIAM:

Plaintiff-Appellant David Atkins, a law enforcement park ranger, was transferred to a staff ranger position based on the conclusion of a medical review board constituted by the National Park Service (an agency of the Department of the Interior) that his uncontrolled diabetes could prevent him from safely performing his duties. Atkins filed suit under the Rehabilitation Act, claiming that his transfer amounted to discrimination on the basis of his alleged...

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