DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
113336P.pdf 01/15/2013 Michael Argenyi v. Creighton University
U.S. Court of Appeals Case No: 11-3336
and No: 11-3461
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Murphy, Author, with Benton and Shepherd, Circuit Judges]
Civil case - Americans with Disabilities Act. District court erred in
determining plaintiff's allegations were unsupported; Section 504 of the
Rehabilitation Act and Title III of the Americans with Disabilities Act
required defendant to provide reasonable auxiliary aids and services to
afford plaintiff, a hearing impaired student in its medical program,
meaningful access or an equal opportunity to gain the same benefit as his
nondisabled peers; the court erred in granting defendant's motion for
summary judgment after concluding plaintiff had failed to show his
requested accommodations were necessary as required by the ADA, as
the evidence at this stage of the case supported his claim that he was
unable to follow lectures or communicate with patients without the
requested accommodation; reversed and remanded for further
proceedings.