Luke O. Pickens v. Brevard Police Testing and Selection Center

Respondent, a state agency, discriminated against Petitioner by excluding Petitioner from participating in a basic public law enforcement training and certification program, on the sole basis that Respondent perceived Petitioner to be disabled. Petitioner claimed no disability. Florida's PCA Doctrine of Judicial Administration splits Florida into five judicial substates, each with its own highest court, its own application of judicial procedure, and its own interpretation of the law. On appeal, Florida's 5th District Court of Appeals deprived the Florida Supreme Court of discretionary review of this case on technical grounds. The questions presented are: Whether 42 USC §12132 bars a state agency from discriminating against a qualified individual, perceived by the agency as disabled, by excluding the individual from participating in a public law enforcement training and certification program, on the sole basis of the perceived disability? Whether Florida's PCA Doctrine of Judicial Administration (based on the Florida Constitution, Article V), as applied, fails to provide Florida citizens equal protection guarantees under the 14th Amendment and due process protections under the 5th and 14th Amendments to the U.S. Constitution? -1-