USA v. Michael A. Ealey

1The Honorable Michael J. Davis, United States District Judge for the District
of Minnesota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 99-2617
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Nancy J. McCabe, *
*
Appellant, *
*
v. * Appeal from the United States
* District Court for the
Independent School District No. 625, * District of Minnesota.
St. Paul Area Schools, State of *
Minnesota, * [UNPUBLISHED]
*
Appellee. *
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Submitted: July 17, 2000
Filed: July 20, 2000
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Before McMILLIAN, BOWMAN, AND MORRIS SHEPPARD ARNOLD, Circuit
Judges.
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PER CURIAM.
Nancy McCabe brought this employment discrimination action under the
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-12213 (1994 & Supp. III
1997), and state law. The District Court1 granted summary judgment to her employer
on the ADA claims, and declined to exercise jurisdiction over the supplemental state-

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law claims, dismissing them without prejudice. McCabe appeals the adverse grant of
summary judgment, arguing that the District Court erred in concluding she was not
disabled under the ADA.
Having carefully reviewed the record and the parties’ arguments, see Snow v.
Ridgeview Med. Ctr., 128 F.3d 1201, 1205 (8th Cir. 1997) (standard of review), we
agree with the District Court that McCabe failed to show she had a disability as it is
defined by the ADA. Specifically, the record does not support McCabe’s contention
that her impairments substantially limited at least one major life activity, or that her
employer regarded her as disabled. See Taylor v. Nimock’s Oil Co., No. 99-2018,
2000 WL 709495, at *2 (8th Cir. June 2, 2000).
Accordingly, we affirm. See 8th Cir. R. 47B.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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