DOE v. NEW YORK UNIVERSITY

No. 505, Docket 81-7680.

666 F.2d 761 (1981)

Jane DOE, Plaintiff-Appellee, v. NEW YORK UNIVERSITY: John Sawhill, individually and as President of New York University; Ivan Bennett, M.D., individually and as Dean of New York University School of Medicine; Jacobus Potter, individually and as Associate Dean of New York University School of Medicine; David S. Scotch, individually and as Dean of Students of New York University School of Medicine, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 24, 1981.


Attorney(s) appearing for the Case

S. Andrew Schaffer, New York City (Robert P. Walton, Ada Meloy, Annette B. Johnson, New York City, of counsel), for defendants-appellants.

Robert M. Levy, New York City (Christopher A. Hansen, Diana T. Tanaka, New York Civil Liberties Union, New York City, of counsel), for plaintiff-appellee.

Gerald Bodner, New York City, for amicus curiae Albert Einstein College of Medicine of Yeshiva University.

Before FEINBERG, Chief Judge, and MANSFIELD and NEWMAN, Circuit Judges.


MANSFIELD, Circuit Judge:

In this action under § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, which prohibits a recipient of federal financial assistance from denying benefits to an "otherwise qualified" handicapped person solely because of his or her handicap, defendants, New York University and certain of its administrators (collectively referred to herein as NYU), appeal from an order of the Southern District of New York entered by Judge Gerard...

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