Brief Bank

The brief bank gives attorneys representing people with epilepsy the opportunity to read important briefs and legal arguments concerning epilepsy. They are posted here in Adobe Acrobat format (.pdf) which requires the free Adobe Acrobat reader (available below). Be sure to check back as we will be updating this page periodically.

The following cases involve the definition of disability under the ADA:

Jibben v. United Parcel Service - (68k .pdf)
CV No. S-02-0039-DAE (D. Nev. April 14, 2004). The Epilepsy Foundation filed an Amicus Brief in support of the plaintiff, whose nocturnal seizures impact his ability to work more than 9.5 hours a day as a UPS supervisor. The brief argues that because his epilepsy substantially limits major life activities, it should be considered as a disability under the ADA and thus the case should be considered in a full trial rather than a summary judgement.

Mancini v. Union Pacific Railroad - (190k .pdf)
(unpublished decision) 2004 WL 899645 (Apr. 23, 2004, 9th Circuit Court). Amicus Brief filed by the Epilepsy Foundation and other disability rights organizations arguing that a man with partially-controlled seizures, who was automatically put on unpaid medical leave from his cable repair job after having a seizure, is disabled under the ADA because he is substantially limited in multiple major life activities and is also regarded as being so limited by employer. The Ninth Circuit affirmed the decision of the District Court of Idaho that Mr. Mancini was not disabled under the ADA nor did his employer regard him as being so limited. The court found that Mr. Mancini's epilepsy is controlled through his use of medication and his seizures did not substantially limit him in a major life activity.

Shaver v. Independent Stave Co. - (189k .pdf)
Docket No. 03-1878, (8th Cir. 2003). Amicus Brief filed by the Epilepsy Foundation, its local affiliates and other disability-rights organizations arguing that calling a person with metal plates in his head (as a result of epilepsy-related surgery) “stupid” and “platehead” for more than a two-year period is severe and pervasive enough to constitute a hostile work environment.
See also: Shaver Opinion - (34k .pdf).

Chenoweth v. Hillsborough County - (176k .pdf)
250 F. 3d 1328 (11th Circuit Court 2001) Cert. denied 534 U.S. 1131 (2002). Amicus Brief filed by Epilepsy Foundation arguing that even when medicated, epilepsy is a physical impairment that substantially limits the major life activities of work, caring for oneself, interacting with others, reproduction, and driving.

Albertsons, Inc. v. Kirkingburg - (150k .pdf)
527 U.S. 555 (1999). Amicus Brief filed by Senators Harkin and Kennedy, Representatives Hoyer and Owens and Former Senator Dole arguing that the ADA and its legislative history require that the determination of whether someone is disabled be made without regard to mitigating measures.

Sutton v. United Airlines, Inc. - (125k .pdf)
527 U.S. 471 (1999). Amicus Brief filed by Epilepsy Foundation and other disability rights organizations arguing that the ADA and its legislative history requires that the determination of whether someone is disabled be made without regard to mitigating measures.