2nd Circuit revives depressed medical student's ADA case over denial of more time to study
A medical student did get due process when he was dismissed by the University at Buffalo School of Medicine. But a federal district judge erred in granting summary judgment to the medical school concerning Maxiam Dean’s claim under the Americans with Disabilities Act, a federal appeals court ruled last week.
Absent a showing that the accommodation requested by Dean would have imposed an undue hardship on the medical school, the ADA case should not have been dismissed, held the 2nd U.S. Circuit Court of Appeals.
The medical student had sought additional time to study for his Step 1 exam, while medication he was taking for his diagnosed depression took effect.
The New York City-based appeals court also said in its Oct. 6 opinion (PDF) that the medical school had the burden of showing undue hardship, after the plaintiff “met the light burden of producing evidence as to the facial reasonableness or plausibility of the accommodation.”
Parker MacKay is one of the lawyers representing Dean in the case.
“My client wants to go back to medical school and this is a part of that process,” he told the New York Law Journal (sub. req.) on Tuesday. “Now the 2nd Circuit has said he can go back and pursue these claims; there’s hope on that front.”
