The U.S. 7^th Circuit Court in Rodney Kupstas vs. the City of Greenwood, IN, affirmed a lower court ruling granting summary judgment to the City.  The lower court ruled that the City of Greenwood did not violate the provisions of the Americans with Disabilities Act when it fired Rodney Kupstas, who was employed as a truck driver/laborer.  After hurting his back Kupstas returned to work with restrictions that precluded him from lifting over 40 lbs, standing for extended periods of time, raking for a period of more than 2 hours continuously, and shoveling and raking no more than 4 hours in one day.  Kupstas's supervisor and the Human Resource Director concluded that the raking restriction disqualified him for the position of truck/driver laborer.  The supervisor and Human Resource Director informed him that his job was in jeopardy.  The Human Resource Director tried but failed to find Kupstas another job with the City that he was qualified to perform and he was subsequently fired.  Kupstas filed suit claiming his termination violated the ADA.  The lower court granted summary judgment stating Kupstas failed to show he could perform the essential functions of the job.  The Appeals Court affirmed the granting of summary judgment but for a different reason.  Kupstas did not prove he had standing under the ADA as a qualified individual with a disability.