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Felkins v. City of Lakewood

United States Court of Appeals for the Tenth Circuit

774 F.3d 647 (2014)

Facts

Cynthia Felkins (plaintiff) was an emergency dispatcher in the City of Lakewood, Colorado (the city) (defendant). Felkins had avascular necrosis, a condition that can cause bone tissue to die due to inadequate blood supply. In December 2008, Felkins fractured her femur at work. Felkins notified the city that she needed surgery to repair the fracture and that the healing was delayed. A physician assistant submitted two forms to the city indicating that Felkins’s condition was not chronic and she could return to work by January 7, 2009. Felkins returned to work in January 2009 with reduced hours using crutches or a wheelchair. Between January and April, Felkins missed a significant amount of work and never resumed doing full 10-hour shifts. The city terminated Felkins on April 8, 2009, due to her inability to consistently report for her shifts. Felkins brought suit against the city under the Americans with Disabilities Act (ADA), asserting that the city failed to accommodate her disability. Felkins submitted her own declarations about her condition and how it affected her daily life. The district court granted summary judgment for the city, and Felkins appealed.

Rule of Law

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Issue

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Holding and Reasoning (Hartz, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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