James C. Budd v. Adt Sec. Sys., Inc., 103 F.3d 699 (8th Cir. 1996). · Go Syfert
James C. Budd v. Adt Sec. Sys., Inc., 103 F.3d 699 (8th Cir. 1996). Cases Citing This Book View Copy Cite
18 citation events (1 in the last 25 years) across 9 distinct courts.
Strongest positive: John R. Downs v. Hawkeye Health Services, Inc. (ca8, 1998-07-01)
Top citers, strongest first. 9 distinct citers. How cited ↗
cited Cited as authority (rule) John R. Downs v. Hawkeye Health Services, Inc.
8th Cir. · 1998 · confidence medium
See Moore, 139 F.3d at 1212-13 ; Budd v. ADT Security Sys., Inc., 103 F.3d 699, 700 (8th Cir.1996) (per curiam).
cited Cited as authority (rule) John R. Downs v. Hawkeye Health
8th Cir. · 1998 · confidence medium
See Moore, 139 F.3d at 1212-13 ; Budd v. ADT Security Sys., Inc., 103 F.3d 699, 700 (8th Cir. 1996) (per curiam).
discussed Cited as authority (rule) Harris v. Chater
E.D.N.Y · 1998 · confidence medium
Sys., Inc., 103 F.3d 699, 700 (8th Cir.1996); McNemar v. Disney Store, Inc., 91 F.3d 610, 618 (3d Cir.1996); Griffith v. Wal-Mart Stores, Inc., 930 F.Supp. 1167, 1173-74 (E.D.Ky.1996); Taylor v. Food World, Inc., 946 F.Supp. 937, 942 (N.D.Ala.1997); Smith v. Midland Brake, Inc., 911 F.Supp. 1351, 1362-63 (D.Kan.1995); see also Cleveland v. Policy Management Sys.
discussed Cited as authority (rule) Clyde N. Griffith v. Wal-Mart Stores, Inc.
6th Cir. · 1998 · confidence medium
Sys., 103 F.3d 699, 700 (8th Cir.1996)(per curiam)(court affirmed district court’s opinion based on estoppel theory, and alternatively, determined plaintiff's evidence was insufficient to withstand summary judgment); Bush v. Appleton Electric Co., 124 F.3d 957 , 962 n. 8 (8th Cir.l997)(estoppel issue “remains open in our Circuit.”) 5 .
cited Cited as authority (rule) Easterly v. SmithKline Beecham Corp.
E.D. Mo. · 1997 · confidence medium
Inc., 103 F.3d 699, 700 (8th Cir.1996) (per curiam).
discussed Cited as authority (rule) Lowe v. Angelo's Italian Foods, Inc.
D. Kan. · 1997 · confidence medium
Blanton v. Inco Alloys International, Inc., 108 F.3d 104, 108-09 (6th Cir.1997) (plaintiff sued under state disability law); Budd v. ADT Security Systems, Inc., 103 F.3d 699, 700 (8th Cir.1996); McNemar v. The Disney Store Inc., 91 F.3d 610, 619 (3d Cir.1996), cert. denied, — U.S.-, 117 S.Ct. 958 , 136 L.Ed.2d 845 (1997) (citing with approval Garcia-Paz and Smith, 91 F.3d at 618 ); Rissetto v. Plumbers and Steamfitters Local 343, 94 F.3d 597, 604-05 (9th Cir.1996) (court held in a non-ADA ease that because of a worker’s compensation settlement based on plaintiffs assertion that she could n…
cited Cited as authority (rule) Scheer v. City of Cedar Rapids
N.D. Iowa · 1997 · confidence medium
Budd v. ADT Security Systems, Inc., 103 F.3d 699, 700 (8th Cir.1996).
discussed Cited "see" Stamey v. NYP Holdings, Inc.
S.D.N.Y. · 2005 · signal: see · confidence high
See Budd v. AJDT Security Systems, Inc., 103 F.3d 699, 700 (8th Cir.1996)(stating, in dicta, that the fact that “the defendant has offered plaintiff other jobs, which he has turned down, does nothing but strengthen the defendant’s case.”). *328 Plaintiff has therefore failed to establish that he was a “qualified individual” as defined by the ADA.
discussed Cited "see" Christou v. Hyatt Regency-O'Hare
N.D. Ill. · 1998 · signal: see · confidence high
See Budd v. ADT Security Sys., Inc., 103 F.3d 699, 700 (8th Cir.1996); *815 McNemar v. Disney Store, Inc., 91 F.3d 610, 620 (3d Cir.1996), cert. denied, - U.S. -, 117 S.Ct. 958 , 136 L.Ed.2d 845 (1997).
Retrieving the full opinion text from the archive…
James C. BUDD, Appellant,
v.
ADT SECURITY SYSTEMS, INC., Appellee
96-1932WM.
Court of Appeals for the Eighth Circuit.
Dec 31, 1996.
103 F.3d 699
1996 U.S. App. LEXIS 33898
1996 WL 741864
Michelle Daum Haskins, argued, Kansas City, MO (Jerry Kenter, on the brief), for Appellant., Brian J. Finueane, argued, Kansas City, MO (Sharon D. Hess, on the brief), for Appellee.
Arnold, Magill, Longstaff.
Cited by 13 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 71%
Citer courts: Eighth Circuit (1)
PER CURIAM.

This is an action under the Americans With Disabilities Act, 42 U.S.C. § 12101 et seq. The plaintiff, James C. Budd, claims that the defendant, his former employer, ADT Security Systems, Inc., has violated the Act by refusing to allow plaintiff to return to his former job as a system-service technician installing alarm systems. The District Court [1] held, on defendant’s motion for summary judgment, that plaintiff was estopped to claim that he could perform the job in question, with or without reasonable accommodation, and that, in any case, plaintiffs evidence did not create a genuine issue of material fact with respect to his being qualified to perform the job. We agree and affirm.

The able opinion of the District Court thoroughly lays out the facts and discusses the law. We have little to add. It is sufficient to say that the plaintiff, in applying for social-security and disability-insurance benefits, both of which were granted, and both of which he is still, apparently, drawing, made representations about his own physical abilities that are completely at odds with the theory of his lawsuit. He clearly represented that he was not able to return to his former job, and he is, in effect, making this representation continuously, because he is drawing the benefits that were granted in reliance upon it. Moreover, even apart from any estoppel theory, it is clear as a matter of law on this record that plaintiff is not able to perform the essential functions of his former job, which was very strenuous, with or without any reasonable accommodation. The fact that the defendant has offered plaintiff other jobs, which he has turned down, does nothing but strengthen the defendant’s case.

The present appeal does not present any question sufficiently novel to justify more extended treatment. See Beauford v. Father Flanagan’s Boys’ Home, 831 F.2d 768 (8th Cir.1987), cert. denied, 485 U.S. 938, 108 S.Ct. 1116, 99 L.Ed.2d 277 (1988).

Affirmed.

1

. The Hon. Femando J. Gaitan, Jr., United States District Judge for the Western District of Missouri.