Legal Opinion

David Atkins v. Ken Salazar, Secretary

Court of Appeals for the Fifth Circuit

Decided December 13, 2011No. 10-60940UnpublishedCited by 49 opinions

1Opinion of the Court

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 disability. The litigation focused on Atkins’s challenge to the Department of the Interior’s affirmative defense that Atkins’s…

2Cases cited32 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  3. Trans World Airlines, Inc. v. ThurstonSupreme Court of the United States · 1985
  4. Southeastern Community College v. DavisSupreme Court of the United States · 1979
  5. Toyota Motor Manufacturing, Kentucky, Inc. v. WilliamsSupreme Court of the United States · 2002

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3Cited by49 opinions

  1. Jeffrey Neely v. PSEG Texas Limited Partnership, eCourt of Appeals for the Fifth Circuit · 2013
  2. Spring Street Prt - IV, L.P. v. Douglas LamCourt of Appeals for the Fifth Circuit · 2013
  3. Peter Paske, Jr. v. Joel FitzgeraldCourt of Appeals for the Fifth Circuit · 2015
  4. Bender v. Norfolk Southern Corp.District Court, M.D. Pennsylvania · 2014
  5. Quinton Harris v. Union Pacific Railroad CompanyCourt of Appeals for the Eighth Circuit · 2020

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