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Home / Case Digests / WDNY — Rehabilitation Act: Alexander v. SUNY at Buffalo

WDNY — Rehabilitation Act: Alexander v. SUNY at Buffalo

U.S. District Court, WDNY

Rehabilitation Act

Sovereign Immunity

Alexander v. SUNY at Buffalo
10-cv-6681-cjs-jwf
Judge Siragusa

Background: The plaintiff, a former student at the defendant college, brought an action alleging that she had to withdraw because the defendant failed to provide her with a reasonable accommodation for her hearing impairment. The defendants moved for summary judgment.

Ruling: The District Court denied the motion. The court found that the plaintiff’s Section 504 of the Rehabilitation Act claim survived summary judgment because all that was required for the plaintiff was to prove that the defendant knew that a harm to her federally protected right was substantially likely and that it failed to act upon that likelihood after notice was given.  Also, the court found that the defendant was not entitled to sovereign immunity because it was collecting federal funds.

Arthur H. Ackerhalt and Bruce A. Goldstein of Goldstein, Ackerhalt & Pletcher, and Jonathan Feldman of the Empire Justice Center for the plaintiff; J. Richard Benitez of the New York State Office of the Attorney General for the defendant