Wednesday, November 10, 2004

10th Circuit Upholds Psychologist's Testimony for ADA Defendant

The Tenth Circuit has published an opinion upholding the trial court's decision admitting a psychologist's testimony in a case arising under the Americans with Disabilities Act. The issue was whether a Wyoming sheriff's department violated the ADA when it refused to rehire an officer with a history of PTSD. See McKenzie v. Benton, No. 02-8024 (10th Cir. Nov. 9, 2004) (Henry, Holloway, & Murphy, JJ.).

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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.