BOWERS v. NATIONAL COLLEGIATE ATHLETIC ASS'N

Nos. 01-4226, 01-4492, 02-1789 and 02-3236.

346 F.3d 402 (2003)

Michael BOWERS v. The NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, as an Association and a Representative of its Member Schools a/k/a NCAA; the NCAA Initial-Eligibility Clearinghouse; Cedric W. Dempsey, Executive Director of the NCAA, in his individual and official capacities; Calvin Symons, Managing Director of the NCAA Student-Eligibility Clearinghouse, in his individual and official capacities; Temple University of the Commonwealth System of Higher Education; Act Inc; University of Iowa; American International College; the State of New Jersey, Intervenor-Defendant in District Court Temple University of the Commonwealth System of Higher Education, Defendant/Third-Party Plaintiff v. Delaware State University; the University of Memphis; University of Massachusetts Amherst, Third-Party Defendants University of Massachusetts Amherst and Delaware State University, Appellants in 02-3236 Kathleen Bowers, administratrix ad prosequendum of the Estate of Michael Bowers v. The National Collegiate Athletic Association, as an Association and a Representative of its Member Schools a/k/a NCAA; the NCAA Initial-Eligibility Clearinghouse; Cedric W. Dempsey, Executive Director of the NCAA, in his individual and official capacities; Calvin Symons, Managing Director of the NCAA Student-Eligibility Clearinghouse, in his individual and official capacities; Temple University of the Commonwealth System of Higher Education; Act, Inc.; University of Iowa; American International College the State of New Jersey, Intervenor-Defendant in District Court Temple University of the Commonwealth System of Higher Education, Defendant/Third-Party Plaintiff v. Delaware State University; the University of Memphis; University of Massachusetts Amherst, Third-Party Defendants The University of Memphis, Appellant in No. 01-4226 Kathleen Bowers, administratrix ad prosequendum of the Estate of Michael Bowers v. National Collegiate Athletic Association, as an Association and a Representative of its Member Schools a/k/a NCAA; the NCAA Initial-Eligibility Clearinghouse; Cedric W. Dempsey, Executive Director of the NCAA, in his individual and official capacities; Calvin Symons, Managing Director of the NCAA Student-Eligibility Clearinghouse, in his individual and official capacities; Temple University of the Commonwealth System of Higher Education; Act, Inc.; University of Iowa; American International College; the State of New Jersey, Intervenor-Defendant in District Court Temple University of the Commonwealth System of Higher Education, Defendant/Third-Party Plaintiff v. Delaware State University; the University of Memphis; University of Massachusetts Amherst, Third-Party Defendants University of Iowa, Appellant in No. 01-4492 Kathleen Bowers, administratrix ad prosequendum of the Estate of Michael Bowers v. National Collegiate Athletic Association, as an Association and a Representative of its Member Schools a/k/a NCAA; the NCAA Initial-Eligibility Clearinghouse; Cedric W. Dempsey, Executive Director of the NCAA, in his individual and official capacities; Calvin Symons, Managing Director of the NCAA Student-Eligibility Clearinghouse, in his individual and official capacities; Temple University of the Commonwealth System of Higher Education; Act, Inc.; University of Iowa; American International College; the State of New Jersey, Intervenor-Defendant in District Court Temple University of the Commonwealth System of Higher Education, Defendant/Third-Party Plaintiff v. Delaware State University; the University of Memphis; University of Massachusetts Amherst, Third-Party Defendants The University of Massachusetts, Appellant in No. 02-1789.

United States Court of Appeals, Third Circuit.

Filed August 20, 2003.


Attorney(s) appearing for the Case

Richard L. Bazelon (argued), Bazelon, Less & Feldman, 1515 Market Street, 7th Floor, Philadelphia, PA 19102.

Barbara E. Ransom, Public Interest Law Center, of Philadelphia, 125 So. 9th Street, Suite 700, Philadelphia, PA, 19107, Attorneys for Appellees Michael, Bowers and Kathleen Bowers, administratrix ad prosequendum of the Estate of Michael Bowers.

Shannon D. Farmer (argued) Abigail L. Flitter, Esq. John B. Langel, Esq. Ballard, Spahr, Andrews & Ingersoll, 1735 Market Street 51st Floor Philadelphia, PA 19103, Attorneys for Appellee Temple, University.

Jack J. Wind, Margulies, Wind, Herrington, & Knopf, 15 Exchange Place, Suite 510 Jersey City, N.J. 07302.

Thomas S. Miller, Attorney General, Gordon E. Allen (argued), Deputy Attorney General, 1305 East Walnut Street Hoover State Office Building, 2nd Floor Des Moines, IA, 50319, Attorneys for Appellant University, of Iowa.

Andrea M. Silkowitz, Office of Attorney General of New Jersey, Division of Law, 124 Halsey Street P.O. Box 45029 Newark, N.J. 07102, Attorney for State of New Jersey.

Ralph F. Boyd, Jr., Assistant Attorney General, Seth M. Galanter, Sarah E. Harrington (argued), United States Department of Justice, Civil Rights Division, Appellate Section, 950 Pennsylvania Avenue, N.W. Washington, DC, 20530, Attorneys for Intervenor United States of America.

Michael K. Willison, Dickie, McCamey & Chilcote, One Greentree Centre Suite 201 Marlton, N.J. 08053-3105, Attorneys for Appellant Delaware, State University.

Peter L. Frattarelli, Archer & Greiner, One Centennial Square P.O. Box 3000 Haddonfield, N.J. 08033.

Kae Carpenter Todd, Mary M. Collier (argued), Assistant Attorney General, Civil Litigation and State, Services Division, Office of the Attorney General, of Tennessee P.O. Box 20207 Nashville, TN, 37202, Attorneys for Appellant University, of Memphis.

Linda B. Celauro (argued), John J. Peirano, Gary S. Prish, Carpenter, Bennett & Morrissey, 100 Mulberry Street, Three Gateway Center, Newark, N.J. 07102, Attorneys for Appellant University of Massachusetts.

Thomas C. Hart, Ruprecht, Hart & Weeks, 306 Main Street, Millburn, N.J. 07041, Attorneys for American, International College.

BEFORE: NYGAARD, SMITH, and GREENBERG, Circuit Judges.


OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. FACTUAL AND PROCEDURAL HISTORY

This matter comes on before this court on appeals by the University of Iowa ("Iowa"), Delaware State University ("Delaware State"), the University of Massachusetts ("UMass"), and the University of Memphis ("Memphis") in an action Michael Bowers brought under Title II of the Americans with Disabilities Act ("ADA") and section 504 of the Rehabilitation Act as well as...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases