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Berg v. Fairfax Cnty Public, 96-2309 (1997)

Court: Court of Appeals for the Fourth Circuit Number: 96-2309 Visitors: 19
Filed: Jan. 02, 1997
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT KATHERINE A. BERG, Plaintiff-Appellant, v. No. 96-2309 FAIRFAX COUNTY PUBLIC SCHOOLS, Defendant-Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Robert E. Payne, District Judge. (CA-96-886-A) Submitted: December 10, 1996 Decided: January 2, 1997 Before ERVIN and MICHAEL, Circuit Judges, and BUTZNER, Senior Circuit Judge. _ Affirmed by unpublished per curiam opinion. _ COUN
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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

KATHERINE A. BERG,
Plaintiff-Appellant,

v.                                                                    No. 96-2309

FAIRFAX COUNTY PUBLIC SCHOOLS,
Defendant-Appellee.

Appeal from the United States District Court
for the Eastern District of Virginia, at Alexandria.
Robert E. Payne, District Judge.
(CA-96-886-A)

Submitted: December 10, 1996

Decided: January 2, 1997

Before ERVIN and MICHAEL, Circuit Judges, and BUTZNER,
Senior Circuit Judge.

_________________________________________________________________

Affirmed by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

Katherine A. Berg, Appellant Pro Se. Thomas John Cawley, John
Francis Cafferky, HUNTON & WILLIAMS, McLean, Virginia, for
Appellee.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
OPINION

PER CURIAM:

Katherine Berg appeals from the district court's order granting
Defendant's motion for summary judgment and dismissing her com-
plaint filed pursuant to the Americans with Disabilities Act (ADA),
42 U.S.C. §§ 12101-12213 (1994). We have reviewed the record and
the district court's order and find no reversible error. Berg's prior
sworn testimony before the Workers' Compensation Commission and
her submission of notes and certifications from her treating physicians
conclusively established that she could not perform the essential func-
tions of her position, thus rendering her "unqualified" for the position
under the ADA. 42 U.S.C. § 12111(8) (1994); Southeastern Commu-
nity College v. Davis, 
442 U.S. 397
, 406 (1979); Myers v. Hose, 
50 F.3d 278
, 281-82 (4th Cir. 1995); Tyndall v. National Educ. Ctrs., 
31 F.3d 209
, 212-13 (4th Cir. 1994); August v. Offices Unlimited, Inc.,
981 F.2d 576
, 581-83 (1st Cir. 1992). We further find that the district
court correctly found that the accommodations requested by Berg
were unreasonable.* See 
Myers, 50 F.3d at 284
; Milton v. Scrivner,
Inc., 
53 F.3d 1118
, 1124-25 (10th Cir. 1995); Gilbert v. Frank, 
949 F.2d 637
, 644 (2d Cir. 1991). Accordingly, we affirm the order of the
district court. Berg v. Fairfax County Pub. Schs., No. CA-96-886-A
(E.D. Va. Aug. 21, 1996). We dispense with oral argument because
the facts and legal contentions are adequately presented in the materi-
als before the court and argument would not aid the decisional pro-
cess.

AFFIRMED
_________________________________________________________________
*Berg requested that she either be reassigned to another position, or
that others perform the tasks she could not.

                    2

Source:  CourtListener

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