Lindsey v. United States Postal Service

PER CURIAM. Thomas Lindsey appeals the district court’s 1 adverse grant of summary judgment on his claims of disability and sex discrimination against his former employer, the United States Postal Service (USPS), brought under the Rehabilitation Act of 1973, 29 U.S.C. §§ 701 et seq. and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Lindsey argues that the district court made improper factual determinations on summary judgment and should have allowed his claims to proceed to a jury. After careful review, Fenney v. Dakota, Minn. & E. R.R. Co., 327 F.3d 707, 711 (8th Cir.2003) (standard of review), we affirm. Lindsey failed to demonstrate that his ankle injury was a disability within the meaning of the Rehabilitation Act, that he had a record of such disability, or that the USPS regarded him as disabled. See, e.g., Dattoli v. Principi, 332 F.3d 505, 506-07 (8th Cir.2003) (finding no disability as a matter of law). Likewise, Lindsey did not establish genuine questions of material fact regarding pretext and actual discrimination. See Brooks v. Ameren UE, 345 F.3d 986, 988-89 (8th Cir.2003); Sprenger v. Federal Home Loan Bank of Des Moines, 253 F.3d 1106, 1113 (8th Cir.2001). The judgment is affirmed. See 8th Cir. R. 47B. Footnotes [1] The Honorable Susan Weber Wright, Chief Judge, United States District Court for the Eastern District of Arkansas.