From Leagle: Thomas v. Napolitano Thomas is employed as a Federal Air Marshal in the Dallas Field Office of the Transportation Safety Administration (TSA), a part of the DHS. He filed the instant lawsuit, alleging that, when he was diagnosed as a Type I (insulin-dependent) diabetic, he was denied flight status and light duty and thus required to expend all of his sick leave and annual leave or be forced to retire. He alleged that this constituted discrimination based on disability and on gender, because some women air marshals were given light duty. He also alleged that the DHS retaliated against him for complaining about the discrimination. The district court granted summary judgment based on Thomas's failure to properly exhaust administrative remedies. THOMAS v. NAPOLITANO United States Court of Appeals, Fifth Circuit. Filed: November 9, 2011. The DHS failed to carry either its legal or factual burden of showing that it was entitled to judgment as a matter of law because there was no genuine dispute as to Thomas's lack of good-faith cooperation. See Martinez, 317 F.3d at 513-14; Munoz, 894 F.2d at 1493; see also International Shortstop, 939 F.2d at 1265-66. Accordingly, the grant of summary judgment is REVERSED and the case is REMANDED for further proceedings consistent with this opinion.