Judge Sam Kent was denied his request to be certified as having a disability which affected his ability to perform his duties. The 5th Circuit Court of Appeals denied his request. Judge Kent was and still is a United States District Judge. He heard many discrimination cases in his 15 years plus on the federal bench in Galveston. He denied relief to a great many plaintiffs in discrimination cases, including sex harassment cases.
It turns out he was harassing his own female employees. He was indicted last year for harassment and obstruction of justice. He will now very likely be impeached. If the 5th Circuit had found him to be disabled, then he would have continued to receive his federal judge’s pension.
Its one thing to harass and then deny other female victims the right to sue for harassment. But, to then claim disability when he has denied disability protections to so many other persons with disabilities. He claims diabetes and alcoholism. Alcoholism seems the stronger argument. But, under the Americans with Disabilities Act (prior to being amended in 2009), alcoholism did not qualify as a disability unless the victim was undergoing treatment.
Its easy to look at his claim for disability with skepticism. I hope it was sincere. If it was, he probably better understands the position of many of my clients when they have been turned down for protection they deserved.