David Neely v. Benchmark Family Services

OPINION

McKEAGUE, Circuit Judge.

David Neely appeals from the district court’s grant of summary judgment to defendant Benchmark Financial Services on his state and federal disability discrimination and retaliation claims, as well as a state law claim for intentional infliction of emotional distress. Because Neely has neither shown that he is qualified as disabled under the Americans with Disabilities Act, nor shown that he engaged in a “protected activity,” we affirm the grant of summary judgment.

I

Plaintiff David Neely claims to have long suffered from sleeping problems, sometimes getting only…