Opinions June 15, 2015
7th Circuit Court of Appeals
Marc Shell v. Kevin Smith, in his official capacity as Mayor of the City of Anderson, et al.
14-2958
Civil. Reverses summary judgment in favor of Anderson defendants and remands Shell’s Americans with Disabilities Act claim for proceedings in the District Court. Shell, a mechanic’s helper in the City of Anderson Transit System, claimed his firing after a change of city administration violated his rights under the ADA because he’d held the position for 12 years. He was unable to obtain a commercial driver’s license due to hearing and vision impairment and was fired after a new administrator enforced a job description requirement that he obtain a CDL. Because of evidence and reasonable inferences favorable to both parties, summary judgment was inappropriate.