Guzman vs. Federal Express Corp (5th Cir. 2001)

Federal Circuits, 5th Cir. (March 05, 2001)

Docket number: 00-11072

Permanent Link: http://vlex.com/vid/guzman-vs-federal-express-corp-18418633
Id. vLex: VLEX-18418633

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U.S. Court of Appeals for the 5th Cir. - Rebecca Sherrod, Plaintiff-Appellant, v. American Airlines, Inc., Defendant-Appellee., 132 F.3d 1112 (5th Cir. 1998)

U.S. Supreme Court - Murphy v. United Parcel Service, Inc., 527 U.S. 516 (1999)

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* Pursuant to 5 TH C IR .

R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .

R. 47.5.4. 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. GuzmanÂ’s discrimination claim must fail because he offers no evidence that he had a disability or 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. GuzmanÂ’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.