Shurb v. Univ. of Tex. Health Sci. Ctr. at Houston-School of Med. (Summary)

DISABILITY DISCRIMINATION – MEDICAL SCHOOL

Shurb v. Univ. of Tex. Health Sci. Ctr. at Houston-School of Med., No. 4:13-CV-271 (S.D. Tex. Aug. 13, 2013)

The United States District Court for the Southern District of Texas granted in part and denied in part a state university medical school’s motion to dismiss discrimination claims brought by a medical student who suffered from obsessive-compulsive disorder, major depressive disorder, severe anxiety, panic attacks, and a history of migraines.  The medical student alleged several violations of the Americans with Disabilities Act and the Rehabilitation Act.

The court dismissed all the state tort and breach of contract claims, holding that the medical school was immune from liability based on the Eleventh Amendment.  The court allowed the ADA claim to continue, stating that the student properly demonstrated that he had a disability that required accommodation and that some professors refused to grant those accommodations.

The district court also allowed the due process claims to stand, holding that the student supported his claims that he was subject to a number of unreasonable conditions upon his return to medical school following a medical leave of absence, including the demand that he provide full access to his medical records and psychiatrists’ notes. The court allowed the student’s request for reinstatement to the medical school to stand, holding that the Eleventh Amendment barred only monetary damages.