Read Ellenberg v. New Mexico Military Inst., 08-2112

In an action against a military institute for denying Plaintiff admission based on her disability, summary judgment for Defendant is affirmed, where having an individualized education program under the Individuals with Disabilities in Education Act does not automatically establish a disability under Section 504 of the Rehabilitation Act and the ADA.

Appellate Information

• Decided 07/10/2009
• Published 07/10/2009

Judges

• TYMKOVICH, Circuit Judge., Before TACHA, MURPHY, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Gail Stewart, Steven Granberg, P.A., Albuquerque, NM, for Appellant.


• For Appellees:
  
• John F. Kennedy, Cuddy & McCarthy, LLP, Santa Fe, New Mexico (Jacquelyn ArchuletaStaehlin and Sarah Piltch, Cuddy, Kennedy, Ives, Archuleta-Staehlin, Fairbanks & Vigil, Santa Fe, NM, and Lee Rogers and Barbara M. Smith-Duer, Atwood, Malone, Turner & Sabin, P.A., Roswell, NM, with him on the brief) for Appellees.