Thank you for sharing!

Your article was successfully shared with the contacts you provided.
The full case caption appears at the end of this opinion. PER CURIAM: Plaintiff-appellant, William D. Adams, pro se, appeals from the judgment of the United States District Court for the Southern District of New York (Wood, Judge), granting summary judgment for the defendant, Citizens Advice Bureau (“CAB”). We affirm. I. From May 8, 1995 to September 8, 1995, Adams was employed as a family monitor and security guard at CAB, a social services organization. He was injured on August 14, 1995, in an automobile accident, of which he notified his supervisor. On August 30, 1995, he provided CAB with a note from his chiropractor, indicating that he was unable to work “for an indefinite period.” CAB then requested a statement from a medical doctor. After Adams failed to produce the requested documentation, CAB terminated him on September 8, 1995. Adams concedes that from August 14, 1995 to November 30, 1995, he was not able to perform the security function of his job, due to his neck, back, and knee injury. On January 22, 1998, Adams instituted this action, in forma pauperis and pro se, alleging that his termination constituted discrimination on the basis of disability. The district court granted defendant’s motion for summary judgment, on the ground that plaintiff’s temporary injury did not constitute a “disability” within the meaning of the Americans with Disabilities Act of 1990, 42 U.S.C. � 12101 et seq. (1994) (“ADA”). II. We review de novo the decision of the district court to grant summary judgment. See Beatie v. City of New York, 123 F.3d 707, 710 (2d Cir. 1997). The only issue before this court is whether Adams suffered from a disability within the meaning of the ADA. To be covered by the ADA, Adams must demonstrate that he suffered from “a physical or mental impairment that substantially limit[ed] one or more of [his] major life activities.” 42 U.S.C. � 12102(2). [FOOTNOTE 1] There is no dispute that Adams’s injury was, for the purposes of this claim, temporary. Before the district court, Adams agreed that he was unable to work only for three and one-half months, from August 14, 1995 to November 30, 1995. [FOOTNOTE 2] He proffered no evidence showing that, despite the temporary nature of his injury, he was substantially limited in major life activities as a result of that injury. Because this court has found a temporary impairment of seven months, by itself, “too short [in] duration . . . to be ‘substantially limiting,’” Colwell v. Suffolk County Police Dep’t, 158 F.3d 635, 646 (2d Cir. 1998), cert. denied, 119 S.Ct. 1253 (1999), Adams has failed to make out a claim that he was disabled within the meaning of the ADA. The Magistrate Judge’s report and recommendation, adopted by the district court, engages in a case-specific analysis to determine whether this plaintiff was substantially limited in a major life activity by his temporary injury. As a result, we have no occasion to consider whether temporary injuries are per se unprotected under the ADA. Compare Graaf v. North Shore Univ. Hosp., 1 F. Supp. 2d 318, 321 (S.D.N.Y. 1998) and Davis v. Bowes, No. 95 Civ. 4765, 1997 WL 655935, at *15 (S.D.N.Y. Oct. 20, 1997), with Aldrich v. Boeing Co., 146 F.3d 1265, 1270 (10th Cir. 1998), cert. denied, 119 S.Ct. 2018 (1999) (“[A]n impairment need not be permanent in order to rise to the level of a disability.”). The question is open in this circuit and we intimate no opinion on it. Having carefully reviewed the record and examined appellant’s argument, we order that the district court’s order of judgment be AFFIRMED. :::FOOTNOTES::: FN1 The ADA also defines disability as “a record of . . . an impairment” that substantially limits one or more major life activities or “being regarded as having such an impairment.” Id. Adams has made no effort to establish his disability under either of these alternative definitions. FN2 Adams made no claim in the court below that he suffered from residual limitations on his capacity to perform work as a result of this temporary disability. Cf. 29 C.F.R. � 1630.2(j)(2) (1998) (providing that one of the three factors to evaluate in determining whether an individual is substantially limited is “[t]he permanent or long term impact, or the expected permanent or long term impact of or resulting from the impairment”).
Adams v. Citizens Advice Bureau UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT WILLIAM D. ADAMS, Plaintiff-Appellant, v. CITIZENS ADVICE BUREAU, Defendant-Appellee. August Term, 1998 (Argued: August 11, 1999 Decided: August 20, 1999 ) Docket No. 99-7131 Appeal from the Southern District of New York IRA G. ROSENSTEIN, Orrick, Herrington & Sutcliffe, New York, N.Y., for Defendant-Appellee Before: CALABRESI, CABRANES, and SOTOMAYOR, Circuit Judges.
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

New York Legal Awards 2022 (NYLA)

October 06, 2022
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.

Learn More

Women, Influence & Power in Law Awards (WIPLA) 2022

October 18, 2022
Washington, DC

Women, Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.

Learn More

National Law Journal Legal Awards (NLJLA) 2022

October 20, 2022
Washington, DC

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.

Learn More

Corporate Counsel

An international entertainment company headquartered in the Sarasota area is seeking a corporate counsel to draft, review and negotiate a ...

Apply Now ›

Plaintiffs' Personal Injury Attorney

A growing and highly successful plaintiffs' personal injury law firm with several offices in Tampa Bay is seeking a senior attorney with tri...

Apply Now ›

Insurance Defense Associate

A highly regarded Tampa law firm is seeing an insurance defense attorney with 2+ years of general insurance-related litigation experience. ...

Apply Now ›



Chiesa Shahinian & Giantomasi : Commitment to the highest standards of service.

View Announcement ›


DR Web

Schulten Ward Turner & Weiss, LLP is pleased to announce that John Gracia has joined the firm as a partner.

View Announcement ›



WISNIEWSKI & ASSOCIATES LLC Takes pleasure in announcing that Civil Litigator DOUGLAS R. D ANTONIO has become a Partner of the Firm.

View Announcement ›