No. 18-5137

Maurice Daniel v. Brooklyn Law School

Lower Court: New York
Docketed: 2018-07-05
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: abuse-of-authority academic-due-process academic-performance americans-with-disabilities-act americans-with-disabilities-act-title-ii americans-with-disabilities-act-title-iii discrimination discriminatory-punishment due-process educational-discrimination mental-health mental-illness new-york-city-human-rights-law new-york-city-human-rights-law-section-8-107(4)(a) title-ii title-iii
Key Terms:
AdministrativeLaw SocialSecurity
Latest Conference: 2018-11-09 (distributed 2 times)
Question Presented (from Petition)

IS AN ACADEMIC DEAN'S DECISION TO BAR A STUDENT FROM TAKING TWO MAKEUP EXAMS, AND KICK HIM OUT OF SCHOOL BECAUSE OF HER MISTAKEN BELIEF THAT THE STUDENT WAS MENTALLY ILL A VIOLATION OF TITLE III OF THE AMERICANS WITH DISABILITIES ACT, AND IF SO, IS THE VIOLATION A MATTER OF STATEWIDE IMPORTANCE?

IS A DEAN'S DECISION TO RENEGE ON HER AGREEMENT TO ALLOW A STUDENT TO TAKE TWO OF HIS FINAL EXAMS AFTER MISTAKENLY PERCIEVING THE STUDENT AS MENTALLY ILL WHEN HE ARRIVED TO TAKE THOSE EXAMS AT THE AGREED UPON DATE AND TIME AN EXAMPLE OF AN EDUCATIONAL INSTITUTION'S JUDGMENT OF THAT STUDENT'S ACADEMIC PERFORMANCE, OR AN EXAMPLE OF AN OVERLY HARSH AND DISCRIMINATORY PUNISHMENT THAT IS IN VIOLATION OF TITTLE III OF THE AMERICANS WITH DISABILITIES ACT AND ITS SUBSET SECTION 8-107(4)(A) OF THE NEW YORK CITY HUMAN RIGHTS LAW?

WAS RESPONDENTS' DECISION TO BAR A STUDENT FROM TAKING EXAMS AFTER MISTAKENLY PERCIEVING HIM AS MENTALLY ILL A DISCRIMINATORY, ARBITRARY, AND CAPRICIOUS, ABUSE OF AUTHORITY -THAT IS IN VIOLATION OF TITLE III OF THE AMERICANS WITH DISABILITIES ACT AND ITS SUBSET SECTION 8-107(4)(A) OF THE NEW YORK CITY HUMAN RIGHTS LAW?

DID RESPONDENT BROOKLYN LAW SCHOOL PROCEED IN EXCESS OF THEIR DISCRETION BY PERFORMING UNORTHODOXED ACTIONS THAT THE SCHOOL'S HANDBOOK DOES NOT EXPLICITLY ALLOW SUCH AS, BLOCKING A STUDENT'S ACCESS TO THE WEB ADVISOR PROGRAM, AND PLACING A "STUDENT EVALUATION" HOLD ON THE STUDENT'S ACCOUNT AFTER HE INFORMED THEM THAT HE WAS ILL AND REQUESTED A MAKEUP EXAM, AND DO THESE ACTIONS VIOLATE TITLE III OF THE AMERICANS WITH DISABILITIES ACT AND ITS SUBSET SECTION 8-107(4)(A) OF THE NEW YORK CITY HUMAN RIGHTS LAW?

Question Presented (AI Summary)

Whether an academic dean's decision to bar a student from taking makeup exams and kick him out of school due to a mistaken belief that the student was mentally ill violates Title II of the Americans with Disabilities Act

Docket Entries

2018-11-13
Petition DENIED.
2018-10-25
DISTRIBUTED for Conference of 11/9/2018.
2018-10-19
Petitioner complied with order of October 1, 2018.
2018-10-01
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until October 22, 2018, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2018-08-16
DISTRIBUTED for Conference of 9/24/2018.
2018-08-03
Waiver of right of respondent Brooklyn Law School to respond filed.
2018-06-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 6, 2018)

Attorneys

Brooklyn Law School
Stephanie VulloBrooklyn Law School, Respondent
Maurice Daniel
Maurice Daniel — Petitioner