Dean v. Univ. at Buffalo Sch. of Medicine and Biomedical Sciences, No. 14-1546 (2d Cir. 2015)
Annotate this CasePlaintiff filed suit against defendants, alleging claims under, inter alia, Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. 12132; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794; and 42 U.S.C. 1983 for alleged violations of the Due Process Clause. On appeal, plaintiff challenged the district court's grant of summary judgment for defendants on these claims. The court concluded that the district court erred in granting summary judgment on the ADA and Rehabilitation Act claims because a trier of fact could find that defendants did not grant the accommodation plaintiff requested for his mental‐health condition and failed to provide a “plainly reasonable” alternative or attempt to show that plaintiff’s proposed modification was unreasonable. The court concluded, however, that having received notice of potential termination from the program and a“careful and deliberate” decision plaintiff was, as a matter of law, provided the procedural process due for an academic dismissal. Accordingly, the court affirmed in part, vacated in part, and remanded.
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