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O'Bryant v. City of Midland

Milton O’BRYANT, Plaintiff-Appellant, v. CITY OF MIDLAND, Defendant-Appellee

O'Bryant v. City of Midland, 9 F.3d 421 (5th Cir. 1993)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
December 22, 1993
Docket
No. 93-8239
Judges
Politz, Garwood, Parker
Citations
9 F.3d 4213 Am. Disabilities Cas. (BNA) 1281993 WL 5003141993 U.S. App. LEXIS 335293 Empl. Prac. Dec. (CCH) 42,743

Opinion — Per Curiam

PER CURIAM:

Milton O’Bryant appeals the summary judgment dismissal of his claims based on a conclusion by the district court that the Americans with Disabilities Act (ADA) is not retroactive.

O’Bryant’s complaint is based on actions allegedly taken by the defendant City of Midland in July 1990 and in July 1991 as a result of a disabling injury O’Bryant sustained in October 1989. Congress specifically made the ADA effective with respect to state and local governments as of January 26,1992. The statute becomes effective as to private employers, depending on the number of employees, either on July 26,1992, or July 26, 1994. O’Bryant’s complaint was filed on September 28, 1992.

Persuaded that Congress did not intend retroactivity for the ADA and perceiving no basis for concluding otherwise, we hold that the ADA is not to be given retroactive effect and, accordingly, AFFIRM.

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Cited by 29 cases

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1994: 51995: 131996: 51997: 11998: 31999: 12022: 119942026peak 1995 · 13

Relies on it most ⓘ

  1. Gonzales ex rel. Estate of Bourgeois v. Garner Food Services, Inc.89 F.3d 1523 (11th Cir. 1996)
  2. Garcia-Paz v. Swift Textiles, Inc.873 F. Supp. 547 (D. Kan. 1995)
  3. Miller v. CBC Companies, Inc.908 F. Supp. 1054 (D.N.H. 1995)
  4. Burfield v. Brown, Moore & Flint, Inc.51 F.3d 583 (5th Cir. 1995)
  5. In re Baby "K" (Three Cases)16 F.3d 590 (4th Cir. 1994)
  6. Smith v. Midland Brake, Inc.138 F.3d 1304 (10th Cir. 1998)

Most recent

  1. Henry Hassell, Jr. v. Ford Motor Co.No. 21-5470 (6th Cir. Jan. 5, 2022)
  2. Dollinger v. State Insurance Fund44 F. Supp. 2d 467 (N.D.N.Y. 1999)
  3. Velardi v. New York City Fire Department Pension Fund20 F. Supp. 2d 623 (S.D.N.Y. 1998)
  4. Thrope v. State of Ohio19 F. Supp. 2d 816 (S.D. Ohio 1998)
  5. Smith v. Midland Brake, Inc.138 F.3d 1304 (10th Cir. 1998)
  6. Henderson v. New York Life, Inc.991 F. Supp. 527 (N.D. Tex. 1997)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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