Officer's Sworn Statement Of His Inability To Perform His Job During Pension Hearing Dooms His ADA Claim
BUTLER v. ROUND LAKE POLICE DEPARTMENT (October 27, 2009)
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Patrick Butler was a sergeant on the police force of a small community north of Chicago. Beginning in 2003, Butler's health began to deteriorate rapidly. He experienced fatigue, night blindness and trouble breathing. In May of 2004, he was diagnosed with chronic obstructive pulmonary disease. After a short time off, his physician permitted him to return to the force on "light duty." Because of the size of the force and the number of sergeants, no light duty assignment was available. The village advised Butler that he could return to work only when he had clearance to work any possible assignment. Shortly thereafter, Butler applied for a disability pension. He testified at his pension hearing that his physical condition prevented him from performing the required duties of his job. Three physicians also completed certificates of disability for Butler. The pension board found him disabled and awarded him disability benefits. He then brought suit against the village under the Americans with Disabilities Act. The district court granted summary judgment to Round Lake.
In their opinion, Judges Posner, Manion and Evans affirmed. In order to succeed on an ADA claim, the Court stated that one must show that he can "perform the essential functions" of his job. Under the doctrine of judicial estoppel, a party cannot prevail in one proceeding and then deny the very ground on which he prevailed in a subsequent proceeding. Here, Butler's sworn testimony that his physical condition prevented him from performing his job would appear to negate an element of his ADA claim. Although the Court noted that a disability pension claim (based on one's inability to perform one's job) and an ADA claim (based on one's ability, at least with accommodation, to perform one's job) are not necessarily mutually exclusive, they do require a satisfactory explanation of their consistency. For example, the passage of time or a change in one's disability can render seemingly inconsistent positions consistent. Here, however, Butler offered no explanation -- his ADA claim must fail.
