Guzman v. Federal Express Corp

U.S. Court of Appeals for the Fifth Circuit

Guzman v. Federal Express Corp

Opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 00-11072 Summary Calendar

JOSE ANTONIO GUZMAN,

Plaintiff-Appellant,

versus

FEDERAL EXPRESS CORP.,

Defendant-Appellee.

Appeal from the United States District Court for the Northern District of Texas (USDC No. 3-99-CV-659-R) _______________________________________________________ March 2, 2001

Before REAVLEY, DeMOSS and BENAVIDES, Circuit Judges.

PER CURIAM:*

Jose Antonio Guzman appeals from summary judgment against him on his claims

under the Americans with Disabilities Act. We agree with the district court. Guzman’s

discrimination claim must fail because he offers no evidence that he had a disability or

* Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. was regarded as having a disability at the time he was fired. See Murphy v. United Parcel

Serv., Inc.,

527 U.S. 516, 523-25

(1999). Rather, he was merely unable to drive and was

regarded as only being unable to drive. Guzman’s retaliation claim must also fail because

he cannot show a causal link between his suit and his termination. See Sherrod v.

American Airlines, Inc.,

132 F.3d 1112, 1122

(5th Cir. 1998) (requiring but-for

causation).

AFFIRMED.

2

Reference

Status
Unpublished