Bowles v. Carolina Cargo Inc

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-1848
THEODORE JOSEPH BOWLES,
Plaintiff - Appellant,
versus
CAROLINA CARGO, INCORPORATED; JODY CROWDER;
JIM CROWDER,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Margaret B. Seymour, District Judge.
(CA-00-3139-0-24BD)
Submitted: May 24, 2004 Decided: June 14, 2004
Before MICHAEL, KING, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Howard Wayne Floyd, WAYNE FLOYD LAW OFFICE, P.A., West Columbia,
South Carolina, for Appellant. Andrew F. Lindemann, David L.
Morrison, Matthew B. Rosbrugh, DAVIDSON, MORRISON AND LINDEMANN,
P.A., Columbia, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Theodore Joseph Bowles appeals the district court’s order
granting judgment to his former employer as a matter of law
following a bench trial on his claim that he was a victim of
retaliation discrimination under the Americans with Disabilities
Act (“ADA”). On appeal, Bowles’ sole issue is that he was entitled
to a jury trial on his retaliation claim under 42 U.S.C. § 12203(2000). We find this claim to be without merit. See Kramer v.
Banc of Am. Sec., 355 F.3d 961, 964-66 (7th Cir.) (holding that
because an ADA retaliation claimant is limited to equitable relief,
he is not entitled to a jury trial), petition for cert. filed, 72
U.S.L.W. 3674 (Apr. 16, 2004) (No. 03-14). Accordingly, we affirm.
We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED
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