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Unformatted text preview: material fact about his ability to interact with others.
Therefore, summary judgment would be inappropriate on this issue.
Finally, we note that an intervening Supreme Court decision alters the standard by which
we view McAlindin's claim. In Sutton, the Supreme Court held that "the determination of
whether an individual is disabled should be made with reference to measures . . . that
mitigate the individual's impairment." 119 S. Ct. at 2143. The petitioners in Sutton
claimed that they were disabled because of poor eyesight. With eyeglasses, their
corrected vision was "20/20 or better." Id. (internal [**21] quotation marks omitted). As 202 a result, the Supreme Court affirmed the dismissal of their complaint for failure to state
an ADA claim. See id.
The Supreme Court recognized, however, that in some cases the use of medication may
not eradicate the effects of illness, and a disability may remain either due to symptoms of
the condition itself which persist despite the effects of medication, or as a result of the
medication's side-effects. See Sutton, 119 S. Ct. at 2149. In his declaration, McAlindin
stated that he was describing how his condition affected him "despite the medications."
The record reflects the existence of a genuine issue of material fact as to whether even
with medication and other treatment, McAlindin's mental impairment substantially limits
his major life activities discussed above. n9 Thus, while the ultimate disability
determination in this case may be more complex than in cases not involving mitigating
treatment, the facts alleged by McAlindin, if true, bring his case within the category
described in Sutton.
- - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - n9 McAlindin produced evidence that he continued to be impaired despite medication
with respect to at least two of the three of the major life activities in which he claims to
experience difficulty: sexual relations and sleeping. Given that the...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08