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8th Circuit Rules Student Denied Equal Opportunity to Benefit From Medical School

Tuesday, January 15, 2013   (0 Comments)

MA v.Creighton University on Appeal from United States District Courtfor the District of Nebraska - Omaha Submitted: November 14, 2012 Filed: January 15, 2013

The 8th Circuit Court of Appeals concluded that the evidence produced in this case created a genuine issueof material fact as to whether Creighton denied Argenyi an equal opportunity to gainthe same benefit from medical school as his nondisabled peers by refusing to providehis requested accommodations. At this stage the record supports Argenyi's claim thathe was unable to follow lectures and classroom dialogue or successfully communicatewith clinical patients. From such evidence a reasonable factfinder could determinethat Argenyi was denied an opportunity to benefit from medical school equal to thatof his nondisabled classmates. The district court's grant of summary judgment to Creighton should therefore be reversed and the case remanded.  Amici on Behalf of Appellant included Alexander Graham Bell Association for the Deaf and Hard ofHearing; National Disability Rights Network; Association of MedicalProfessionals with Hearing Losses.

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