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70 F.3d 111

Docket No. 95-7083.

Frank Lee Garrett v. Edward W. Murray Alton Baskerville

Fourth Circuit Court of Appeals

Submitted Oct. 17, 1995. Decided Nov. 17, 1995.

Fourth Circuit Court of Appeals · decided 1995-11-17

Applies 29 U.S.C. § 794 · 42 U.S.C. § 12101 (§ 2 of the Americans with Disabilities Act of 1990) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Torcasio v. Murray · Michael Clagg v. Shirley S. Chater, Commissioner of Social Security

Opinion by Per Curiam · Decided 1995-11-17

NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Frank Lee Garrett, Appellant Pro Se. Mary Christine Maggard, Jill Theresa Bowers, OFFICE OF THE ATTORNEY GENERAL, Richmond, Virginia, for Appellees.

Before LUTTIG and WILLIAMS, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

PER CURIAM:

¶1

Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm substantially on the reasoning of the district court. Garrett v. Murray, No. CA-93-565-2 (E.D. Va. June 23, 1995).* 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

*

We find that the court properly dismissed Appellant's claims under the Americans with Disabilities Act, 42 U.S.C.A. Sec. 12101 (West Supp.1995), and the Rehabilitation Act, 29 U.S.C.A. Sec. 794 (West Supp.1995), because Defendants are shielded by qualified immunity as to those claims. See Torcasio v. Murray, 57 F.3d 1340, 1343-44, 1352 (4th Cir.), petition for cert. filed, 64 U.S.L.W. 3272 (U.S. Sept. 27, 1995) (No. 95-535)

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