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

By FindLaw Staff on July 10, 2009 | Last updated on March 21, 2019

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


Opinion by Judge Tymkovich


For Appellant:

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

For Appellee:

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

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