T.W. v. Board of Law Examiners, No. 19-4136 (2d Cir. 2021)
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Plaintiff filed suit against the Board, asserting that the Board had violated Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act (ADA) by allegedly discriminating against her in denying appropriate disability accommodations for the bar examination. The district court denied the Board's motion to dismiss and subsequent motion for reconsideration.
The Second Circuit reversed, concluding that the Board may not be sued under the Rehabilitation Act. The court held that the district court erred in determining that the Unified Court System was the appropriate department, agency, or instrumentality under the Rehabilitation Act. Rather, the relevant recipient of federal funding is the "Courts of Original Jurisdiction." The court explained that, because the Board is not an operation of the "Courts of Original Jurisdiction," and because the Board does not otherwise receive any federal funding, it is immune from suit under Section 504. The court remanded for further proceedings, including consideration of the Board's motion to dismiss as to plaintiff's remaining claim under the ADA.
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