Ellenberg v. New Mexico Military Inst., No. 08-2112

In an action against a military institute for denying Plaintiff admission based on her disability, summary judgment for Defendant is affirmed, where having an individualized education program under the Individuals with Disabilities in Education Act does not automatically establish a disability under Section 504 of the Rehabilitation Act and the ADA.

Read Ellenberg v. New Mexico Military Inst., No. 08-2112

Appellate Information

Filed July 10, 2009

Judges

Opinion by Judge Tymkovich

Counsel

For Appellant:

Gail Stewart, Steven Granberg, P.A., Albuquerque, NM

For Appellee:

John F. Kennedy, Cuddy & McCarthy, LLP, Santa Fe, NM