Watson v. City of Miami Beach, 177 F.3d 932 (11th Cir. 1999). · Go Syfert
Watson v. City of Miami Beach, 177 F.3d 932 (11th Cir. 1999). Cases Citing This Book View Copy Cite
128 citation events (127 in the last 25 years) across 33 distinct courts.
Strongest positive: Kabrovich v. Mayorkas (mied, 2021-03-08)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Under fire — who is questioning this case
Citations from separate opinions of courts that could overrule this case, and citations using reconsideration language. This is a warning signal, not a treatment change. The flag color above is unaffected.
Reconsideration language McPherson v. City of Scottsbluff (2019)
“Although the incident occurred while McPherson was off duty, it was reasonable for the City to consider it in evaluating McPherson's fitness for duty *462 as a police officer, a job that placed him "in positions where [he could] do tremendous harm if [he were to] act irrationally." See Watson v. City of Miami Beach , 177 F.3d 932 , 935 (11th Cir. 1999).”
Reconsideration language McPherson v. City of Scottsbluff (2019)
“Although the incident occurred while McPherson was off duty, it was reasonable for the City to consider it in evaluating McPherson’s fitness for duty as a police officer, a job that placed him “in positions where [he could] do tremendous harm if [he were to] act irrationally.” See Watson v. City of Miami Beach, 177 F.3d 932, 935 (11th Cir. 1999).”
Dissent Coleman v. District of Columbia (2015)
““In these ‘public safety’ workplaces, an employer may be justified in requesting a psychological exam on slighter evidence than in other types of workplaces because employees are in positions where they can do tremendous harm if they act irrationally, and thus they pose a greater threat to themselves and others.” Kroll v. White Lake Ambulance Auth., 763 F.3d 619, 626 (6th Cir.2014); see also…”
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Kabrovich v. Mayorkas (2×) also: Cited as authority (rule)
E.D. Mich. · 2021 · quote attribution · 1 verbatim quote · confidence high
in any case where a police department reasonably perceives an officer to be even mildly paranoid, hostile, or oppositional, a fitness for duty examination is job related and consistent with business necessity.
examined Cited as authority (verbatim quote) Todd Kurtzhals v. County of Dunn
7th Cir. · 2020 · quote attribution · 1 verbatim quote · confidence high
in any case where a police depart- ment reasonably perceives an officer to be even mildly para- noid, hostile, or oppositional, a fitness for duty examination is job related and consistent with business necessity.
examined Cited as authority (verbatim quote) Todd Kurtzhals v. County of Dunn
7th Cir. · 2020 · quote attribution · 1 verbatim quote · confidence high
in any case where a police depart- ment reasonably perceives an officer to be even mildly para- noid, hostile, or oppositional, a fitness for duty examination is job related and consistent with business necessity.
examined Cited as authority (verbatim quote) Psak v. Jewell
D.D.C. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
in any case where a police department reasonably perceives an officer to be even mildly paranoid, hostile, or oppositional, a fitness for duty examination is job related and consistent with business necessity.
examined Cited as authority (verbatim quote) Daryle McNelis v. Pennsylvania Power & Light Co
3rd Cir. · 2017 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
police departments place armed officers in positions where they can do tremendous harm if they act irrationally. contrary to contention, the ada does not, indeed cannot, require a police department to forgo a fitness for duty examination...-.
examined Cited as authority (verbatim quote) Coleman v. District of Columbia (2×) also: Cited "see, e.g."
D.C. Cir. · 2015 · signal: see also · quote attribution · 1 verbatim quote · confidence high
in any case where a police department reasonably perceives an officer to be even mildly paranoid, hostile, or oppositional, a fitness for duty examination is job related and consistent with business necessity.
discussed Cited as authority (verbatim quote) Rodriguez v. School Board (2×) also: Cited as authority (rule)
M.D. Fla. · 2014 · quote attribution · 1 verbatim quote · confidence high
... he ada does not, indeed cannot, require a police department to forego a fitness for duty examination to wait until a perceived threát becomes real or questionable behavior results in injuries.
discussed Cited as authority (verbatim quote) Franklin Owusu-Ansah v. The Coca-Cola Company (2×) also: Cited "see"
11th Cir. · 2013 · quote attribution · 1 verbatim quote · confidence high
he ada does not, indeed cannot, require a police department to forgo a fitness for duty examination to wait until a perceived threat becomes real or questionable behavior results in injuries.
discussed Cited as authority (verbatim quote) Brownfield v. City of Yakima
9th Cir. · 2010 · signal: see · quote attribution · 1 verbatim quote · confidence high
police departments place armed officers in positions where they can do tremendous harm if they act irrationally.
examined Cited as authority (verbatim quote) Tonya Coffman v. Indianapolis Fire Department
7th Cir. · 2009 · quote attribution · 1 verbatim quote · confidence high
in any case where a police department reasonably perceives an officer to be even mildly paranoid, hostile, or oppositional, a fitness for duty examination is job related and consistent with business necessity.
discussed Cited as authority (verbatim quote) Razner v. Wellington Regional Medical Center, Inc.
Fla. Dist. Ct. App. · 2002 · signal: see · quote attribution · 1 verbatim quote · confidence high
the ada does not, indeed cannot, require a police department to forgo a fitness for duty examination to wait until a perceived threat becomes real or questionable behavior results in injuries.
discussed Cited as authority (rule) Raymond B. Baldwin v. Secretary of Veterans Affairs (2×)
11th Cir. · 2023 · confidence medium
These concerns are heightened in police departments, which “place armed officers in positions where they can do tremendous harm if they act irrationally.” Watson v. City of Miami Beach, 177 F.3d 932, 935 (11th Cir. 1999).
discussed Cited as authority (rule) Doe v. Board of Trustees for the University of Arkansas
W.D. Ark. · 2022 · confidence medium
Ga. July 11, 2013) (citing, inter alia, Watson v. City of Miami Beach, 177 F.3d 932, 935 (11th Cir.1999) (applying “job- related and consistent with business necessity” standard to reach conclusion quoted by Yancey)).2 1F 2 The other education-based case which Defendants cite for this proposition, Shaboon v. Duncan, does not address mandatory evaluation in the context of the ADA.
discussed Cited as authority (rule) Lacroix v. Boston Police Department (2×) also: Cited "see"
D. Mass. · 2022 · confidence medium
See Brownfield, 612 F.3d at 1142 , 1146–48 (stating that the officer repeatedly exhibiting “emotionally volatile behavior” formed “an objective, legitimate basis to doubt [his] ability to perform the duties of a police officer”); Watson, 177 F.3d at 935 (noting that where a police officer overacted many times and his colleagues had expressed concern he was paranoid, “[such] evidence showed the City had good cause for concern as to whether Watson was fit to be a police officer”).
discussed Cited as authority (rule) THORNTON v. HEALTHCARE STAFFING INC
M.D. Ga. · 2021 · confidence medium
See 42 U.S.C. § 12112 (d)(4)(A); Owusu-Ansah v. Coca-Cola Co., 715 F.3d 1306, 1311 (11th Cir. 2013) (finding an employer did not violate the ADA by requiring an employee to undergo a psychiatric evaluation as a condition to continued employment and placing him on leave pending that evaluation process); Williams v. Motorola, Inc., 303 F.3d 1284, 1291 (11th Cir. 2002) (noting that an employer’s concerns about an employee’s threatening behavior could have justified requiring a medical examination); Watson v. City of Miami Beach, 177 F.3d 932, 935-36 (11th Cir. 1999) (determining that requiri…
discussed Cited as authority (rule) Lloyd v. Greater Cleveland Regional Transit Authority
N.D. Ohio · 2020 · confidence medium
“In these ‘public safety’ workplaces, an employer may be justified in requesting a psychological exam on slighter evidence than in other types of workplaces because employees are ‘in positions where they can do tremendous harm if they act irrationally,’ and thus they pose a greater threat to themselves and others.” Id. (quoting Watson v. City of Miami Beach, 177 F.3d 932, 935 (11th Cir. 1999)).
discussed Cited as authority (rule) Forsyth v. University of Alabama Board of Trustees
N.D. Ala. · 2020 · confidence medium
As a matter of law, “[s]uch conflicts do not rise to the level of a mental impairment under the ADA.” Id. at 1274 .23 See also Watson v. City of Miami Beach, 177 F.3d 932, 935 (11th Cir. 1999) (holding that “evidence [showing that] other [coworkers] regarded [the plaintiff] as ‘paranoid,’ 23 The court recognizes that Mickens was decided before the enactment of the ADAAA, which broadened coverage of the ADA.
examined Cited as authority (rule) Nawara v. County Of Cook (4×)
N.D. Ill. · 2020 · confidence medium
Ill. 2018) (summary judgment granted in non-public safety role where psychological evaluation was appropriate following reports of unusual or aggressive behavior); Miller v. Champaign Community Unit School District No. 4, 983 F. Supp. 1201 , 1206- 07 (C.D.Ill.1997) (summary judgment granted where elementary school employee exhibited paranoid or agitated behavior that caused “school administration to be concerned about the personal safety of those in contact with the employee.”); Owusu-Ansah v. Coca-Cola Co., 715 F.3d 1306, 1311-12 (11th Cir. 2013) (summary judgment upheld; “an employer c…
discussed Cited as authority (rule) Nawara v. County Of Cook (2×)
N.D. Ill. · 2020 · confidence medium
Ill. 2018) (summary judgment granted in non-public safety role where psychological evaluation was appropriate following reports of unusual or aggressive behavior); Miller v. Champaign Community Unit School District No. 4, 983 F. Supp. 1201, 1206-07 (C.D.Ill.1997) (summary judgment granted where elementary school employee exhibited paranoid or agitated behavior that caused “school administration to be concerned about the personal safety of those in contact with the employee.”); Owusu-Ansah v. Coca-Cola Co., 715 F.3d 1306 , 1311- 12 (11th Cir. 2013) (summary judgment upheld; “an employer c…
examined Cited as authority (rule) Nawara v. County Of Cook (4×)
N.D. Ill. · 2020 · confidence medium
Ill. 2018) (summary judgment granted in non-public safety role where psychological evaluation was appropriate following reports of unusual or aggressive behavior); Miller v. Champaign Community Unit School District No. 4, 983 F. Supp. 1201 , 1206- 07 (C.D.Ill.1997) (summary judgment granted where elementary school employee exhibited paranoid or agitated behavior that caused “school administration to be concerned about the personal safety of those in contact with the employee.”); Owusu-Ansah v. Coca-Cola Co., 715 F.3d 1306, 1311-12 (11th Cir. 2013) (summary judgment upheld; “an employer c…
examined Cited as authority (rule) McPherson v. City of Scottsbluff (3×)
Neb. · 2019 · confidence medium
The court explained that where a police officer’s fitness for duty is at issue, an employer may require an FFDE when it “reasonably perceives an officer to be even mildly paranoid, hostile, or oppositional.” Id. at 935.
discussed Cited as authority (rule) Adkison v. Willis (2×) also: Cited "see"
N.D. Ala. · 2016 · confidence medium
The Eleventh Circuit has held that “[i]n any case where a police department reasonably perceives an officer to be even mildly paranoid, hostile, or oppositional, a fitness for duty examination is job related and consistent with business necessity.” Watson v. City of Miami Beach, 177 F.3d 932, 935 (11th Cir. 1999).
discussed Cited as authority (rule) Emily Kroll v. White Lake Ambulance Auth.
6th Cir. · 2014 · confidence medium
Conroy, 333 F.3d at 99 (correctional facility); see also Brownfield v. City of Yakima, 612 F.3d 1140, 1146-47 (9th Cir.2010) (police department); Coffman v. Indianapolis Fire Dept. 578 F.3d 559, 565 (7th Cir.2009) (fire department); Thomas v. Corwin, 483 F.3d 516, 527 (8th Cir.2007) (juvenile unit of police department); Watson v. City of Miami Beach, 177 F.3d 932, 935 (11th Cir.1999) (police department).
discussed Cited as authority (rule) Dengel v. Waukesha County
E.D. Wis. · 2014 · confidence medium
Id. (“This special work environment convinces us that the Department’s decision to refer Coffman for the fitness for duty evaluations was job-related and consistent with business necessity.”) (citing Krocka, 203 F.3d at 515 ; Conroy, 333 F.3d at 99; Watson v. City of Miami Beach, 177 F.3d 932, 935 (11th Cir.1999) (“In any case where a police department reasonably perceives an officer to be even mildly paranoid, hostile, or oppositional, a fitness for duty examina tion is job related and consistent with business necessity.”)).
discussed Cited as authority (rule) Franklin v. City of Slidell
E.D. La. · 2013 · confidence medium
Id. at 98; Brownfield, 612 F.3d at 1146 (business exception applies before employee’s work performance declines if the employer is faced with “significant evidence that could cause a reasonable person to inquire as to whether an employee is still capable of performing his job.”) (internal citations omitted); Watson v. City of Miami Beach, 177 F.3d 932, 935 (11th Cir.1999) (business necessity exception applicable “[i]n any case where a police department reasonably perceives an officer to be even mildly paranoid, hostile, or oppositional”); Yin v. State of California, 95 F.3d 864, 868 …
discussed Cited as authority (rule) Franklin v. City of Slidell (2×) also: Cited "see, e.g."
E.D. La. · 2013 · confidence medium
Relying on Brownfield v. City of Yakima, Watson v. City of Miami Beach, 177 F.3d 932, 935 (11th Cir.1999), and Cody v. CIGNA Healthcare of St.
discussed Cited as authority (rule) Beverly Gilliard v. Georgia Department of Corrections
11th Cir. · 2012 · confidence medium
In Watson v. City of Miami Beach, 177 F.3d 932, 934 (11th Cir.1999), the appellant, a police officer, exhibited behavior issues on the job, and after an incident at a hospital where he refused to undergo a department-wide tuberculosis test, which required disclosing his HIV status, the department put Watson on unpaid leave and required that he submit to a fitness-for-duty evaluation.
discussed Cited as authority (rule) Lyons v. Miami-Dade County
S.D. Fla. · 2011 · confidence medium
With regard to 42 U.S.C. § 12112 (d)(4)(A), the Eleventh Circuit "has not addressed whether this provision applies to a non-disabled employee." Watson v. City of Miami Beach, 177 F.3d 932, 935 (11th Cir.1999).
discussed Cited as authority (rule) Kulick v. Ethicon Endo-Surgery, Inc.
S.D. Ohio · 2011 · confidence medium
Defendants challenge Plaintiffs ability to establish such prima facie case, citing precedent that it is not impermissible to require a difficult employee to undergo an evaluation, that placing such an employee on paid leave for an evaluation is not an adverse action, and finally that emotional volatility or imbalance is not, as a matter of law, a disability (doc. 37, citing Mickens v. Polk County School Board, 430 F.Supp.2d 1265, 1273-74 (M.D.Fla.2006), Watson v. City of Miami Beach, 177 F.3d 932, 935 (11th Cir.1999), Krocka v. City of Chicago, 203 F.3d 507, 515 (7th Cir.2000)).
discussed Cited as authority (rule) Wisbey v. City of Lincoln, Neb.
8th Cir. · 2010 · confidence medium
See, e.g., Krocka v. City of Chicago, 203 F.3d 507, 515 (7th Cir.2000) (“It was entirely reasonable, and even responsible,” for a city to require a fitness-for-duty exam for a police officer when the city learned that “he was experiencing difficulties with his mental health”); Watson v. City of Miami Beach, 177 F.3d 932, 935 (11th Cir.1999) (holding that a fitness-for-duty exam of a police officer that exhibited abnormal mental conditions was acceptable and that the city was not “required to forgo a fitness for duty examination to wait until a perceived threat becomes real or questio…
discussed Cited as authority (rule) Coffman v. Indianapolis Fire Department
7th Cir. · 2009 · confidence medium
See Krocka, 203 F.3d at 515 ; see also Conroy, 333 F.3d at 99; Watson v. City of Miami Beach, 177 F.3d 932, 935 (11th Cir.1999) (“In any case where a police department reasonably perceives an officer to be even mildly paranoid, hostile, or oppositional, a fitness for duty examination is job related and consistent with business necessity.”).
discussed Cited as authority (rule) Allmond v. Akal Security, Inc.
11th Cir. · 2009 · confidence medium
But neither the ADA nor the Rehabilitation Act requires employers to forgo a qualification standard "until a perceived threat becomes real or questionable behavior results in injuries." Watson v. City of Miami Beach, 177 F.3d 932, 935 (11th Cir.1999). 8 .Allmond's own witness conceded that a security officer who cannot hear certain sounds at a critical moment due to hearing-aid failure would present an unacceptable risk to the safety of others.
cited Cited as authority (rule) Connolly v. First Personal Bank
N.D. Ill. · 2008 · confidence medium
Authority, 247 F.3d 506, 516-17 (3d Cir.2001); Watson v. City of Miami Beach, 177 F.3d 932, 935 (11th Cir.1999); Armstrong v. Turner Indus., 141 F.3d 554, 559 (5th Cir.1998).
discussed Cited as authority (rule) Luna v. Walgreen Co.
S.D. Fla. · 2008 · confidence medium
Based on this record, we find no indication that BSA regarded, or would have had any reason to regard, Carruthers’s condition as rendering her incapable of performing ‘either a class of jobs or a' broad range of jobs in various classes.’”); Hilburn, 181 F.3d at 1226 (former employee failed to show that former employer regarded her as being disabled, where between onset of her heart problems and time that she first applied for different position, no evidence of discrimination was available because former employee continued to perform the same or similar work that she had previously perf…
examined Cited as authority (rule) Mickens v. Polk County School Board (3×)
M.D. Fla. · 2006 · confidence medium
As a matter of law, “[s]uch conflicts do not rise to the level of a mental impairment under the ADA.” Watson v. City of Miami Beach, 177 F.3d 932, 935 (11th Cir.1999).
discussed Cited as authority (rule) Lanman v. Johnson County
10th Cir. · 2004 · confidence medium
See Brunke v. Goodyear Tire & Rubber Co., 344 F.3d 819, 822 (8th Cir.2003); Watson v. City of Miami Beach, 177 F.3d 932, 935 (11th Cir.1999); Stewart v. County of Brown, 86 F.3d 107, 111 (7th Cir.1996).
discussed Cited as authority (rule) U.S. Equal Employment Opportunity Commission v. E.I. Du Pont de Nemours
E.D. La. · 2004 · confidence medium
See also Fuzy v. S & B Engineers & Constructors, Ltd., 332 F.3d 301, 303 (5th Cir.2003)(noting that weight lifting test was job-related and therefore permitted under the ADA); Watson v. City of Miami Beach, 177 F.3d 932, 935 (11th Cir.1999)(finding that police department did not violate ADA when it required officer to undergo fitness for duty examination when he had a history of paranoia and overreaction); Equal Employment Opportunity Comm’n v. Prevo’s Family Market, Inc., 135 F.3d 1089, 1094 (6th Cir.1998)(finding that inquiry into employee’s HIV status did not violate the ADA where the…
discussed Cited as authority (rule) USEEOC v. EI DuPont De Nemours
E.D. La. · 2004 · confidence medium
See also Fuzy v. S & B Engineers & Constructors, Ltd., 332 F.3d 301, 303 (5th Cir.2003)(noting that weight lifting test was job-related and therefore permitted under the ADA); Watson v. City of Miami Beach, 177 F.3d 932, 935 (11th Cir.1999)(finding that police department did not violate ADA when it required officer to undergo fitness for duty examination when he had a history of paranoia and overreaction); Equal Employment Opportunity Comm'n v. Prevo's Family Market, Inc., 135 F.3d 1089, 1094 (6th Cir.1998)(finding that inquiry into employee's HIV status did not violate the ADA where the emplo…
examined Cited as authority (rule) Davis-Durnil v. Village of Carpentersville, Ill. (3×) also: Cited "see"
N.D. Ill. · 2001 · confidence medium
See Krocka, 203 F.3d at 515 ; Watson, 177 F.3d at 935;Miller, 146 F.3d 612 at 615 ; Metzenbaum, 987 F.Supp. at 615-16 ; Barnes, 944 F.Supp. at 901-02 .
discussed Cited "see" Jennifer Nelsen and Terri Steigleder, as Heirs to the Estate of Jon Tillman Milstead v. Denton County, Texas, Denton County Sheriff's Office, and Tracy Murphree, in His Official and Individual Capacity
txctapp7 · 2026 · signal: see · confidence high
See Watson v. City of Miami Beach, 177 F.3d 932, 935 (11th Cir. 1999) (finding fitness for duty evaluation was proper as it was job- related and consistent with business necessity).
discussed Cited "see" Sims v. University of Maryland Medical System Corporation (2×) also: Cited "see, e.g."
D. Maryland · 2022 · signal: see · confidence high
See Watson v. City of ‘Miami Beach, 177 F.3d 932, 935 (11th Cir. 1999) (holding that police department need not “forgo a fitness for duty examination to wait until a perceived threat becomes real or questionable behavior results in injuries”).
discussed Cited "see" TUCKER v. TOWN OF SCARBOROUGH
D. Me. · 2020 · signal: see · confidence high
See Brownfield, v. City of Yakima, 612 F.3d 1140, 1145 (9th Cir. 2010) (recognizing that, because “[p]olice departments place armed officers in positions where they can do tremendous harm if they act irrationally,” the ADA permits precautionary psychiatric fitness-for-duty examinations (alteration in original) (quoting Watson v. City of Miami Beach, 177 F.3d 932, 935 (11th Cir. 1999))).
discussed Cited "see" Carney v. City of Dothan
M.D. Ala. · 2016 · signal: see · confidence high
See Watson v. City of Miami Beach, 177 F.3d 932, 935 (11th Cir;1995) (holding that a police department may, as a matter of business necessity, order a fitness for duty exam whenever it has reason to believe that an officer is even mildly paranoid, oppositional, or hostile).
discussed Cited "see" Coffman v. Indianapolis Fire Department (2×) also: Cited "see, e.g."
S.D. Ind. · 2008 · signal: see · confidence high
See Durnil, 128 F.Supp.2d at 580 (citing Watson v. City of Miami Beach, 177 F.3d 932, 935 (11th Cir.1999) (“The ADA does not, indeed cannot, require a police department to forgo a fitness for duty examination to wait until a perceived threat becomes real or questionable behavior results in injuries.”)).
discussed Cited "see" Price v. Facility Management Group, Inc.
N.D. Ga. · 2005 · signal: see · confidence high
See Watson v. City of Miami Beach, 177 F.3d 932, 935 (11th Cir.1999) (evidence that other officers regarded plaintiff as “paranoid,” “disgruntled,” “oppositional,” “difficult to interact with,” and “unusual,” insufficient to raise a question of fact concerning whether plaintiff was regarded as disabled).
discussed Cited "see, e.g." Equal Employment Opportunity Commission v. Citizens Bank, N.A.
D.R.I. · 2023 · signal: see also · confidence medium
Aug. 13, 2019) (expert’s findings that claimant exhibited personality traits, including narcissism, a sense of entitlement, a sense of projective power, lack of self-awareness, and diminished self-monitoring ability, which traits were not symptomatic of any mental, psychological, or emotional disorder, supports finding of no disability); Santiago v. City of Vineland, 107 F. Supp. 2d 512, 550 (D.N.J. 2000) (based on psychological report, court finds “personality structure which would be detrimental” but not severe enough to rise to the level of ADA impairment); see also Watson v. City of …
discussed Cited "see, e.g." Coleman v. District of Columbia
D.D.C. · 2012 · signal: see also · confidence low
Reply at 9; see also, e.g., Watson v. City of Miami Beach, 177 F.3d 932 (11th Cir.1999) (holding public agency’s interest in ensuring employees were fit for duty as a legitimate reason.for personnel actions); Coffman v. Indianapolis Fire Dep’t, 619 F.Supp.2d 582 (S.D.Ind.2008).
discussed Cited "see, e.g." Scott v. Napolitano
S.D. Cal. · 2010 · signal: see, e.g. · confidence low
See, e.g., Watson v. City of Miami Beach, 177 F.3d 932 (11th Cir.1999) (holding that City acted properly in ordering a fítnessfor-duty examination where a department reasonably perceived plaintiff, an armed police officer, to be mildly paranoid, hostile, and oppositional); Pennsylvania State Troopers Ass’n v. Miller, 621 F.Supp.2d 246 (M.D.Pa.2008) (police asserted business necessity of detecting latent injuries that could impair members’ job performance).
discussed Cited "see, e.g." Tice v. Centre Area Transportation Authority
3rd Cir. · 2001 · signal: see, e.g. · confidence medium
See, e.g., Watson v. City of Miami Beach, 177 F.3d 932, 935 (11th Cir. 1999) (declining to reach the question whether nondisabled individuals have a cause of action for violations of S 12112(d)); Armstrong v. Turner Indus., 141 F.3d 554, 559 (5th Cir. 1998) (same).
discussed Cited "see, e.g." Tice v. Centre Area Transportation Authority
3rd Cir. · 2001 · signal: see, e.g. · confidence medium
See, e.g., Watson v. City of Miami Beach, 177 F.3d 932, 935 (11th Cir.1999) (declining to reach the question whether nondisabled individuals have a cause of action for violations of § 12112(d)); Armstrong v. Turner Indus., 141 F.3d 554, 559 (5th Cir.1998) (same).
Retrieving the full opinion text from the archive…
William WATSON, Plaintiff-Appellant,
v.
CITY OF MIAMI BEACH, Defendant-Appellee
98-4163.
Court of Appeals for the Eleventh Circuit.
May 28, 1999.
177 F.3d 932
Karen Coolman Amlong, William R. Am-long, Jennifer Daley, Amlong & Amlong, PA, Ft. Lauderdale, FL, for Plaintiff-Appellant., Mark Goldstein, City of Miami Beach, Legal Department, Miami Beach, FL, for Defendant-Appellee.
Tjoflat, Black, Carnes.
Cited by 68 opinions  |  Published
[*934] BLACK, Circuit Judge:

Appellant William Watson, a police officer for the City of Miami Beach (the City), brought this action against his employer under the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-12213. Watson challenges the district court’s grant of summary judgment in favor of the City on his claims that: (1) the City discriminated against him by relieving him from duty pending a fitness for duty examination; (2) the City violated the ADA’s medical examination and inquiries prohibitions by ordering him to complete a fitness for duty examination; and (3) the City violated the ADA’s medical examination and inquiries prohibitions by requiring him to undergo a tuberculosis examination and disclose his HIV/AIDS status as part of a mandatory department-wide tuberculosis testing program. [1] As to the first claim, the district court reasoned Watson failed to present sufficient evidence to show he was an individual with a disability within the meaning of the Act. As to the second and third claims, the court reasoned Watson failed to present evidence from which a reasonable juror could reject the City’s evidence that the fitness for duty and tuberculosis examinations were job-related and consistent with business necessity. We affirm.

I.- BACKGROUND

Appellant Watson has been a police officer with the City of Miami Beach since 1984. In May or June 1995, Major Steve Robbins, then the Commander of the Administration Bureau, became increasingly concerned about what he perceived to be Watson’s display of unusually defensive and antagonistic behavior towards his coworkers and supervisors. As a result, he began an investigation. Major Robbins’ investigation revealed 10 Internal Affairs’ investigations of complaints by and against Watson, as well as 11 incidents from 1992 to 1995 including a disciplinary action and various grievances by Watson against the Police Department.

In July 1995, another incident occurred at Mount Sinai Hospital (Mount Sinai). At that time, Mount Sinai Hospital was conducting a mandatory, department-wide tuberculosis testing program for the Police Department due to police contact with high risk individuals. As part of the tuberculosis examination, Mount Sinai required an individual to disclose his or her HIV/AIDS status because diagnosis and treatment of tuberculosis differ for those individuals with HIV/AIDS. On July 24, 1995, Watson went to Mount Sinai, but refused to take the examination because it required him to disclose his HIV/AIDS status. Watson complained the City was out to get him. Nurse Tibbits, the manager of employee health services at Mount Sinai, found his behavior to be rude and unreasonable. Nurse Tibbits informed Major Robbins of Watson’s behavior and suggested a fitness for duty examination.

Based on Major Robbins’ investigation of Watson’s pattern of conduct and confrontation with Nurse Tibbits, the City relieved Watson of duty with pay on October 9, 1995 and required him to undergo a fitness for duty evaluation with Dr. Axel-bred. Dr. Axelbred found Watson was “somewhat obsessional in style and experiencing symptoms typically associated with stress.” Dr. Axelbred recommended Watson return to work with appropriate stress management counseling. Watson returned to work eight days later and continues to work as a police officer for the City.

II. ANALYSIS

We review a district court’s grant of summary judgment de novo. Mayfield v. Patterson Pump Co., 101 F.3d 1371, 1374 (11th Cir.1996). Summary judgment is appropriate when the pleadings, depositions, and affidavits show there is no genuine[*935] issue of material fact and the moving party is entitled to judgment as a matter of law. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986) (quoting Fed.R.Civ.P 56(c)). In making this assessment, we must view the evidence in the light most favorable to the nonmoving party. Welch v. Celotex Corp., 951 F.2d 1235, 1237 (11th Cir.1992).

A. Disability Discrimination

Watson contends the City discriminated against him by relieving him from duty pending a fitness for duty examination, in violation of 42 U.S.C. § 12112(a). To state a case of unlawful discrimination under the ADA, a plaintiff must first prove he has a disability as defined by the Act. Gordon v. E.L. Hamm & Associates, Inc., 100 F.3d 907, 910 (11th Cir.1996). Watson alleges he is disabled under § 12102(2)(C). Under that provision, an individual is deemed to be disabled if he is regarded as having a mental impairment that substantially limits one or more of his major life activities. Standard v. A.B.E.L. Services, Inc., 161 F.3d 1318, 1327 (11th Cir.1998).

Watson failed to present any evidence from which a rational juror could find he was regarded as having a mental impairment. Watson points to evidence which shows other officers regarded him as “paranoid,” “disgruntled,” “oppositional,” “difficult to interact with,” “unusual,” “suspicious,” “threatening,” and “distrustful.” These characterizations of Watson’s behavior merely show he had serious personality conflicts with members of his department. Such conflicts do not rise to the level of a mental impairment under the ADA. See Stewart v. County of Brown, 86 F.3d 107, 111 (7th Cir.1996) (holding that an excitable, emotionally imbalanced individual is not disabled under the ADA). We affirm the district court’s grant of summary judgment in favor of the City under § 12112(a).

B. Prohibited Medical Examination and Inquiries

Watson alleges the fitness for duty and tuberculosis examinations were prohibited medical inquiries, in violation of 42 U.S.C. § 12112(d)(4)(A). That provision states:

A covered entity shall not require a medical examination and shall not make inquiries of an employee as to whether such employee is an individual with a disability or as to the nature or severity of the disability, unless such examination or inquiry is shown to be job-related and consistent with business necessity.

This Court has not addressed whether this provision applies to a non-disabled employee. We need not resolve this issue because we conclude the fitness for duty and tuberculosis examinations were job-related and consistent with business necessity. Cf. Armstrong v. Turner Industries, Inc., 141 F.3d 554, 558 (5th Cir.1998) (holding plaintiff did not have standing rather than addressing the difficult issue whether the medical examination and inquiries prohibitions apply to non-disabled employees).

1. Fitness for Duty Examination

In any case where a police department reasonably perceives an officer to be even mildly paranoid, hostile, or oppositional, a fitness for duty examination is job related and consistent with business necessity. Police departments place armed officers in positions where they can do tremendous harm if they act irrationally. Contrary to Watson’s contention, the ADA does not, indeed cannot, require a police department to forgo a fitness for duty examination to wait until a perceived threat becomes real or questionable behavior results in injuries.

The evidence showed the City had good cause for concern as to whether Watson was fit to be a police officer. Watson had overreacted in many situations and his colleagues worried he might be paranoid. On this basis, we conclude there is no evidence from which a rational juror could find the City acted improperly by ordering Watson to undergo the fitness for duty examination.

[*936] 2. Tuberculosis Examination

The EEOC Compliance Manual, which is helpful in a situation such as this, explains that “periodic medical examinations for public safety positions that are narrowly tailored to address specific job-related concerns and are shown to be consistent with business necessity would be permissible.” EEOC Enforcement Guidance: Psychiatric Disabilities and the Americans With Disabilities Act (March 25, 1997), reprinted in S EEOC Compliance Manual No. 222: 2336 n. 41 (BNA 1998). The evidence presented showed that the tuberculosis examination required by the City in this case addressed unrefuted health concerns regarding officer safety. Additionally, the evidence showed that disclosing one’s HIV/AIDS status as part of the examination was necessary to properly diagnose and treat an individual with tuberculosis. [2] Accordingly, there is no evidence from which a reasonable jury could find the City acted improperly in testing for tuberculosis and requiring Watson to disclose his HIV/AIDS status as part of the examination.

III. CONCLUSION

Based on the record in this case, Watson is not an individual with a disability as defined by the ADA, and the fitness for duty and tuberculosis examinations were job-related and consistent with business necessity. Accordingly, we affirm the district court’s grant of summary judgment in favor of the City.

AFFIRMED.

1

. Watson does not appeal the district court's grant of summary judgment in favor of the City on his claim that the City violated the ADA by disclosing his fitness for duty examination to other police officers.

2

. On appeal, Watson argues for the first time no additional burden would be placed on the City if it were required to alter the timing of the HIV/AIDS inquiry until after the examination. We do not address this argument because Watson failed to present it to the district court. See Narey v. Dean, 32 F.3d 1521, 1526-27 (11th Cir.1994).