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WIRTES v. CITY OF NEWPORT NEWS

No. 19-1780.

996 F.3d 234 (2021)

Michael Steven WIRTES, Plaintiff-Appellant, v. CITY OF NEWPORT NEWS, Defendant-Appellee, and Newport News Police Department (Government Agency), Chief of Police; Richard Myers, Chief of Police (Individual); Stacy Kelly, Assistant Chief Kelly (Individual), Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: April 30, 2021.

Attorney(s) appearing for the Case

Joshua L. Jewett , Aaron D. Siegrist , Julia A. Rust , PIERCE MCCOY, PLLC, Norfolk, Virginia, for Appellant. Adonica Baine , Darlene P. Bradberry , OFFICE OF THE CITY ATTORNEY FOR THE CITY OF NEWPORT NEWS, Newport News, Virginia, for Appellee.

Vacated and remanded by published opinion. Judge Wynn wrote the opinion, in which Chief Judge Gregory and Judge Harris joined.

Michael Steven Wirtes sued his former employer, the City of Newport News ("the City"), alleging that it failed to accommodate his disability in violation of the Americans with Disabilities Act ("ADA"). According to Wirtes, the City concluded that he could not perform the essential functions of his job as a detective and then...

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