United States Third Circuit

In an Americans with Disabilities Act (ADA) suit brought against a school and employees alleging a failure to adequately accommodate plaintiff's diagnosed Attention Deficit Disorder and learning disabilities, and other discrimination against him, summary judgment for defendants is vacated and remanded where the district court contravened Federal Rule of Civil Procedure 56(f) by basing its ruling on a single affidavit submitted by defendants and before allowing plaintiffs any discovery into the factual basis for applying the ADA's exemption for religious organizations to bar their claim.

Appellate Information

• Decided 03/15/2007
• Published 03/15/2007

Judges

• AMBRO, Circuit Judge., Before McKEE and AMBRO, Circuit Judges, RESTANI, Chief Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Carl W. Hittinger, Esquire, (Argued), Piper, Neil C. Schur, Esquire, Stevens & Lee, P.C., Philadelphia, PA, for Appellants.


• For Appellees:
  
• J. Scott Kramer, Esquire, (Argued), David E. Loder, Esquire, Amanda M. Leadbetter, Esquire, Duane Morris LLP, Philadelphia, PA, for Appellees.