Jacqueline Lewis v. City of Union City, Georgia

I agree with the majority that the dismissal of Lewis’s § 1983 and equal protection claims against Union City and against Chief Odom should be affirmed. We part ways after that.

I

Lewis fails to show a genuine dispute of material fact as to whether she was “regarded as” disabled under the ADA. To be “regarded as” disabled, Lewis must show that “she has been subjected to a[ ] [prohibited] action ... because of an actual or perceived physical or mental impairment.” 42 U.S.C. § 12102(3)(A) (emphasis added). Lewis was placed on administrative leave because Dr. Harris recommended that Ta-sers and OC…