Submitted April 14, 2014.
[Copyrighted Material Omitted]
Appeal from United States District Court for the Eastern District of Arkansas - Little Rock.
For Calvin Withers, Plaintiff - Appellant: Luther Oneal Sutter, Sutter & Gillham, Benton, AR.
For Leon Johnson, Individually and in his Official Capacity as Circuit Judge of Pulaski County Arkansas, Defendant - Appellee: Patricia Van Ausdall Bell, Assistant Attorney General, Attorney General's Office, Little Rock, AR.
For Pulaski County, Arkansas, Defendant - Appellee: David M. Fuqua, Patrick Lee Spivey, Fuqua & Campbell, Little Rock, AR.
Before SMITH, COLLOTON, and GRUENDER, Circuit Judges.
COLLOTON, Circuit Judge.
Calvin Withers sued Leon Johnson individually and in his official capacity as a circuit judge in Pulaski County, Arkansas, alleging violations of the Americans with Disabilities Act (" ADA" ), 42 U.S.C. § 12101 et seq., the Rehabilitation Act, 29 U.S.C. § 701 et seq., and the Family and Medical Leave Act (" FMLA" ), 29 U.S.C. § 2601 et seq. Withers also sued Pulaski County for the same alleged statutory violations. After dismissing without prejudice Withers's individual-capacity claims against Johnson under the ADA and the Rehabilitation Act, as well as several other federal and state-law claims that Withers had abandoned, the district court granted summary judgment for Johnson and the County on the remaining claims and dismissed them with prejudice. Withers appeals, and we affirm.
Because we are reviewing a grant of summary judgment, we describe the facts in the light most favorable to Withers. From 2001 to 2011, Withers worked as an assistant bailiff for the First Division of the Pulaski County Circuit Court. In January 2011, Johnson replaced the previous circuit judge in that division, and Withers became an assistant probation officer under Johnson's supervision. According to Withers, his duties as assistant probation officer were to monitor probationers, document their compliance with court-imposed instructions, and provide reports to Johnson when ...