Trial court should not have dismissed law student's disability complaint, 9th Circuit says
A federal appeals court Thursday revived a man’s disability claim against the University of Idaho concerning his treatment as a law student there.
The trial court should not have summarily denied James Shirley’s pro se motion to file a second amended complaint in a so-called screening dismissal, the San Francisco-based 9th U.S. Circuit Court of Appeals said in its order (PDF).
“Inconsistency—even direct contradiction—between a current complaint and an earlier one is not a basis for dismissal,” Judge Alex Kozinski wrote in a concurrence.
Shirley told Courthouse News the university did not accommodate his brain trauma from “three catastrophic concussions” dating back to his high school football years, contending that he had not adequately documented his disability.
