In re Appeal of Z.H.Annotate this Case
Z.H. completed law school in 2000. In 2019 and 2020, Z.H. took the Nebraska bar examination but did not pass. Because of rheumatoid arthritis that limits her mobility, Z.H. received accommodations, but not all of the accommodations she requested. In 2021 she was required to appear in person while other applicants took the exam remotely. Z.H. averred that during the 2021 examination, which she ultimately passed, she experienced extreme mental stress, anxiety, and physical pain as well as additional scrutiny.
She requested specific accommodations should she have to retake the exam and damages. Her affidavit set forth expenses to include $5,906.25 in attorney fees and mailing costs and $450,000 in damages for violations of the Americans with Disabilities Act, 42 U.S.C. 12101, the Rehabilitation Act, 29 U.S.C. 701, and the Due Process and Equal Protection Clauses. Z.H. sought reimbursement for hotel costs and other expenses and punitive damages. The Nebraska Supreme Court dismissed for lack of jurisdiction, finding that the action was not authorized by rule or statute.