Campbell v. Lamar Institute of Technology, No. 15-41294 (5th Cir. 2016)Annotate this Case
Plaintiff filed suit against LIT, alleging claims under the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., based on LIT's failure to grant his requested disability accommodation. Plaintiff, who suffers from an anoxic brain injury, sought an accommodation in which he could take two exams per class. The district court dismissed the claims. The court concluded that the district court erred in concluding that LIT is entitled to sovereign immunity where Eleventh Amendment sovereign immunity does not bar plaintiff's Rehabilitation Act claim for money damages. The court also concluded that plaintiff's claim for compensatory damages is not moot. Here, plaintiff alleges that he sustained a direct injury from LIT’s past intentional discrimination. Thus, whether or not the President’s letter remedies plaintiff's injury prospectively does not moot plaintiff's claim for retrospective relief for the period in which LIT denied his accommodation request. However, upon a full review of the summary judgment evidence, the court afforded deference to LIT’s decision because plaintiff has not demonstrated that LIT intentionally discriminated against him. In this case, each of the six alleged statements and actions recited by plaintiff is either not supported by the record or could not plausibly be construed by a reasonable fact finder as an example of intentional discrimination. Even if he had adduced a triable fact issue on discrimination, plaintiff cannot recover injunctive or declaratory relief from LIT because he lacks standing where his alleged prospective injury is entirely speculative, hypothetical, and lacks imminence. Accordingly, the court affirmed the judgment.