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Irma Leibas v. Thomas J. Dart, Sheriff, Cook County, Illinois, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 23-1275 · judgment July 29, 2024


Certiorari denied · November 25, 2024
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

W hether in deny ing Petitioner a reasonable accommodation for, inter alia, up to three additional bathroom breaks per shift, the Seventh Circuit correctly deferred exclusively to a doctor’s statement of Leibas’ medical restrictions in determining whether she is a “qualified individual” under the ADA, or whether other circuits are correct in requiring a holistic, fact-intensive individualized assessment of a disabled employee’s ability to perform essential job functions?

Counsel of record

For petitioner
Cass Thomas Casper
DISPARTI LAW GROUP, P.A.

For respondent
Jonathon Delmar Byrer
Cook County State's Attorney's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 25 2024
    Petition DENIED.
  2. Nov 06 2024
    DISTRIBUTED for Conference of 11/22/2024.
  3. Oct 31 2024
    Waiver of right of respondent Thomas J. Dart, Sheriff of Cook County, Illinois, et al. to respond filed.
  4. Oct 24 2024
    Petition for a writ of certiorari filed. (Response due November 29, 2024)