Pickett v. Texas Tech Univ, No. 21-11087 (5th Cir. 2022)Annotate this Case
Defendants dismissed Plaintiff from two graduate nursing studies programs. She sued, claiming that her dismissal violated the Americans with Disabilities Act (“ADA”), the Rehabilitation Act, and the Due Process Clause. The district court refused to dismiss some of her claims. The Defendants appealed part of that order, contending that they have sovereign immunity from Plaintiff’s ADA claims and that she failed to state Fourteenth Amendment claims.
The Fifth Circuit dismissed Defendants' appeal in part finding that the court lacks appellate jurisdiction over the Fourteenth Amendment claims. The court affirmed the order in part and reversed the order in part, concluding that Plaintiff stated some Title II claims but not all of the claims that the district court refused to dismiss. Defendants were not entitled to sovereign immunity at this stage of the litigation because Plaintiff’s allegations did not permit the court to assume that Defendants did not violate her due-process rights. The court explained that it has appellate jurisdiction over only the denial of sovereign immunity from Plaintiff’s ADA claims. The court wrote it must assume that Plaintiff’s allegations are true and draw all reasonable inferences in her favor. The state may or may not be correct that its rebuttal evidence vitiates any inference that Defendants discriminated against Plaintiff because of her disability. But the pleading stage was not the right time to raise those contentions. Although the court has done so in the past, Plaintiff’s allegations do not permit the court to assume that the Due Process Clause was not violated.