McAlindin v. County of San Diego

Citation201 F.3d 1211
Decision Date16 September 1999
Docket NumberNo. 97-56787.,97-56787.
PartiesRichard McALINDIN, Plaintiff-Appellant, v. COUNTY OF SAN DIEGO; Rudolph Tamayo; Edward Baker; Gabriel Rodriguez; Does, one through 50, inclusive, Defendants-Appellees.
CourtU.S. Court of Appeals — Ninth Circuit

Before: D.W. NELSON, REINHARDT, and TROTT, Circuit Judges.

Prior report: 192 F.3d 1226

ORDER

The opinion filed September 16, 1999 is hereby amended as follows:

At Slip Op. 11836, headnote 13, lines 11-16 192 F.3d at 1237, delete "Thus, the sleep disorder and sexual dysfunction merely help to establish that the impairment (panic disorder after treatment) affects a major life activity; they are not relevant to the reasonable accommodation discussion, however, which focuses on the post-treatment panic disorder's manifestations in the workplace and the employer's response to them".
At Slip Op. 11836, headnote 13 192 F.3d at 1237, lines 21-24, replace "The two inquiries become related only to the extent that the disability may impact the employer's ability to craft a reasonable accommodation for the employee" with "The two inquiries-namely, whether McAlindin is disabled and what constitutes reasonable accommodation for that disability-only intersect to the extent that McAlindin's disability manifests itself in the workplace".

Judge D.W. Nelson voted to deny the petition for rehearing and recommended rejection of the suggestion for rehearing en banc. Judge Reinhardt voted to deny the petition for rehearing and to reject the suggestion for rehearing en banc. Judge Trott voted to grant the petition for rehearing and to grant the suggestion for rehearing en banc. The full court was advised of the suggestion for rehearing en banc and no active judge requested a vote on whether to rehear the matter en banc. Fed.R.App. P. 35.

The petition for rehearing is denied and the suggestion for rehearing en banc is rejected.

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22 cases
  • Nimi-Motalbo v. White
    • United States
    • U.S. District Court — District of Hawaii
    • January 15, 2003
    ...of `the average person in the general population.' " McAlindin v. County of San Diego, 192 F.3d 1226, 1235 (9th Cir.1999), amended by 201 F.3d 1211 (2000) (quoting 29 C.F.R. § 1630.2(j)(D(i)). The court considers the nature and severity of the impairment, its duration, and its long-term imp......
  • Walsted v. Woodbury County, Ia
    • United States
    • U.S. District Court — Northern District of Iowa
    • September 25, 2000
    ...regular function, like walking and breathing, it easily falls within the definition of `major life activity.' "), amended by 201 F.3d 1211 (9th Cir.2000), cert. denied, ___ U.S. ___, 120 S.Ct. 2689, 147 L.Ed.2d 961 (2000). But see Soileau v. Guilford of Maine, Inc., 105 F.3d 12, 15 (1st Cir......
  • Newby v. Whitman, No. 1:02CV00841.
    • United States
    • U.S. District Court — Middle District of North Carolina
    • October 14, 2004
    ...1234 (9th Cir.1999) ("We conclude that engaging in sexual relations, just like procreation, is a major life activity."), amended, 201 F.3d 1211 (9th Cir.2000); Sussle v. Sirina Protection Systems Corp., 269 F.Supp.2d 285, 299 (S.D.N.Y.2003) ("Engaging in sexual relations is therefore a majo......
  • Nuzum v. Ozark Automotive Distributors
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • December 27, 2005
    ...a major life activity. See McAlindin v. County of San Diego, 192 F.3d 1226, 1234 (9th Cir.1999), amended on denial of rehearing, 201 F.3d 1211 (9th Cir.2000). We need not struggle with how to characterize this activity because it cannot support Nuzum's ADA claim for the reasons discussed be......
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