161 F.3d 1196 (9th Cir. 1998), 97-35559, Kees v. Wallenstein

Docket Nº:97-35559.
Citation:161 F.3d 1196
Party Name:Cal. Daily Op. Serv. 8663, 98 Daily Journal D.A.R. 12,035 Reginald L. KEES; Joseph B. McCreary; Robert C. Niece; John C. Standley, Plaintiffs-Appellants, v. Arthur WALLENSTEIN, Director, King County Department of Adult Detention; Arthur and Jane Doe Wallenstein, a marital community; Michael Graber, Director of Operations, King County Department of
Case Date:August 17, 1998
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
FREE EXCERPT

Page 1196

161 F.3d 1196 (9th Cir. 1998)

Cal. Daily Op. Serv. 8663,

98 Daily Journal D.A.R. 12,035

Reginald L. KEES; Joseph B. McCreary; Robert C. Niece;

John C. Standley, Plaintiffs-Appellants,

v.

Arthur WALLENSTEIN, Director, King County Department of

Adult Detention; Arthur and Jane Doe Wallenstein, a marital

community; Michael Graber, Director of Operations, King

County Department of Adult Detention; Michael and Jane Doe

Graber, a marital community; Gary Locke, King County

Executive; King County, a legal subdivision of the State of

Washington, Defendants-Appellees.

No. 97-35559.

United States Court of Appeals, Ninth Circuit

August 17, 1998

Argued and Submitted Aug. 4, 1998.

Decided Nov. 25, 1998.

Page 1197

Sidney J. Strong, Kimberly A. Konat, Strong & Konat, Seattle, Washington, for the plaintiffs-appellants.

Norm Maleng, King County Prosecuting Attorney, Diane Hess Taylor, Senior Deputy Prosecuting Attorney and Donald W. Heyrich, Deputy Prosecuting Attorney, Seattle, Washington, for the defendants-appellees.

Appeal from the United States District Court for the Western District of Washington; William L. Dwyer, District Judge, Presiding. D.C. No. CV-96-00643-WLD.

Before: D.W. NELSON, KOZINSKI, and NOONAN, Circuit Judges.

ORDER

The Memorandum disposition filed August 17, 1998, is redesignated as an authored Opinion by Judge D.W. Nelson.

OPINION

D.W. NELSON, Circuit Judge:

Plaintiffs, former King County Jail corrections officers, appeal the district court's grant of summary judgment in favor of King County and various King County employees. Plaintiffs brought an action alleging that they were removed from their positions in violation of, inter alia, the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12101-12213 (1994). Defendants maintain that plaintiffs are not qualified individuals under the ADA because their inability to have direct inmate contact prevents them from performing the essential functions of the corrections officer job. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Factual and Procedural Background

Robert Niece, Joseph McCreary, Reginald Kees, and John Standley (collectively "plaintiffs") were employed by the King County Department of Adult Detention ("DAD") as corrections officers at King County jail ("the jail"). All four...

To continue reading

FREE SIGN UP