DocketNumber： 09-2267
Judges： Bowman, Melloy, Per Curiam, Smith
Filed Date： 2/25/2010
Status： Non-Precedential
Modified Date： 11/5/2024
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-2267 ___________ Eddie R. Wyatt, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. J.B. Hunt Transport, Inc., * * [UNPUBLISHED] Appellee. * ___________ Submitted: February 23, 2010 Filed: February 25, 2010 ___________ Before MELLOY, BOWMAN, and SMITH, Circuit Judges. ___________ PER CURIAM. Eddie Wyatt appeals the District Court's1 adverse grant of summary judgment in his action alleging that J.B. Hunt Transport, Inc., terminated him as a commercial truck driver in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101–12213, and Department of Transportation (DOT) regulations, 49 C.F.R. § 382.121. After careful de novo review, we find no error in the district court’s grant of summary judgment. Johnson v. Blaukat,453 F.3d 1108
, 1112 (8th Cir. 2006)
(standard of review); 49 C.F.R. § 391.41(b)(13) ("A person is physically qualified to
1
The Honorable James M. Moody, United States District Judge for the Eastern
District of Arkansas.
drive a commercial motor vehicle if that person . . . [h]as no current clinical diagnosis
of alcoholism."); Huber v. Wal-Mart Stores, Inc., 486 F.3d 480, 482 (8th Cir. 2007) (noting that to make a prima facie case in a reasonable-accommodation claim under the ADA, a plaintiff must show, inter alia, that he is a qualified individual); Williams v. United Parcel Serv., Inc.,527 F.3d 1135
, 1137 (10th Cir. 2008) (noting that DOT regulations requiring drug and alcohol testing for safety-sensitive positions in transportation industries do not provide for a "private cause of action . . . to aggrieved employees for a violation of the procedural protections"). Accordingly, we affirm. ______________________________ -2-