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Question: Rossbach was a police officer for the city of Miami, Florida. He was impaired in that he severely injured his arm while apprehending a suspect and had a herniated disc and nerve damage from another on-duty circumstance. Though he could walk, sit, stand, and sleep with his impairments, his abilities in these major life activities were moderately below average and he could not do any of these things for any extended (normal) period of time. Though restricted by the police department to light/limited duty, he applied for additional assignments. He was denied, based on a policy prohibiting any light- or limited-duty officers from working these particular assignments. The department claimed that Rossbach, though impaired, was not substantially limited in major life activities. [ Rossbach v. City of Miami, 371 F.3d 1354 (11th Cir. 2004).]
a. Is Rossbach covered by the ADA?
b. Is there any argument for coverage based on "being regarded as" disabled?
c. Is he prevented from performing a class or broad range of jobs?
He appealed this conviction, claiming that he had been entrapped by Cowen. Will Busby's entrapment defense succeed on appeal? Explain.
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