Instead the issue is whether a particular

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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.

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