Home/Fifth Circuit/O'Bryant v. City of Midland

O'Bryant v. City of Midland

9 F.3d 421, 3 Am. Disabilities Cas. (BNA) 128, 1993 U.S. App. LEXIS 33529, 3 Empl. Prac. Dec. (CCH) 42,743, 1993 WL 500314
CourtCourt of Appeals for the Fifth Circuit
DecidedDecember 22, 1993
Docket93-8239
StatusPublished
Cited by33 cases

This text of 9 F.3d 421 (O'Bryant v. City of Midland) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
O'Bryant v. City of Midland, 9 F.3d 421, 3 Am. Disabilities Cas. (BNA) 128, 1993 U.S. App. LEXIS 33529, 3 Empl. Prac. Dec. (CCH) 42,743, 1993 WL 500314 (5th Cir. 1993).

Opinion

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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9 F.3d 421, 3 Am. Disabilities Cas. (BNA) 128, 1993 U.S. App. LEXIS 33529, 3 Empl. Prac. Dec. (CCH) 42,743, 1993 WL 500314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/obryant-v-city-of-midland-ca5-1993.