Opinion
No. 09-2267.
Submitted: February 23, 2010.
Filed: February 25, 2010.
Appeal from the United States District Court for the Eastern District of Arkansas.
James Warren Stanley, Jr., Stanley Law Firm, Little Rock, AR, for Appellant.
Charles W. Reynolds, Dover Dixon, Little Rock, AR, for Appellee.
Before MELLOY, BOWMAN, and SMITH, Circuit Judges.
[UNPUBLISHED]
Eddie Wyatt appeals the District Court'sadverse grant of summary judgment in his action alleging that J.B. Hunt Transport, Inc., terminated him as a commercial truck driver in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101- 12213, and Department of Transportation (DOT) regulations, 49 C.F.R. § 382.121. After careful de novo review, we find no error in the district court's grant of summary judgment. Johnson v. Blaukat, 453 F.3d 1108, 1112 (8th Cir. 2006) (standard of review); 49 C.F.R. § 391.41(b)(13) ("A person is physically qualified to drive a commercial motor vehicle if that person . . . [h]as no current clinical diagnosis of alcoholism."); Huber v. Wal-Mart Stores, Inc., 486 F.3d 480, 482 (8th Cir. 2007) (noting that to make a prima facie case in a reasonable-accommodation claim under the ADA, a plaintiff must show, inter alia, that he is a qualified individual); Williams v. United Parcel Serv., Inc., 527 F.3d 1135, 1137 (10th Cir. 2008) (noting that DOT regulations requiring drug and alcohol testing for safety-sensitive positions in transportation industries do not provide for a "private cause of action . . . to aggrieved employees for a violation of the procedural protections"). Accordingly, we affirm.
The Honorable James M. Moody, United States District Judge for the Eastern District of Arkansas.