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CONSTANTINE v. RECTORS, GEORGE MASON UNIV.

No. 04-1410.

411 F.3d 474 (2005)

Carin Manders CONSTANTINE, Plaintiff-Appellant, v. The RECTORS AND VISITORS OF GEORGE MASON UNIVERSITY; Mark F. Grady, in his individual capacity and his official capacity as Dean of George Mason Law School; Daniel D. Polsby, in his individual capacity and his official capacity as Associate Dean for Academic Affairs; Winston S. Moore, in his individual capacity and his official capacity as Associate Dean for Student Academic Affairs; Nelson Lund, in his individual capacity and his official capacity as a Professor of Law, Defendants-Appellees, United States of America, Intervenor. American Association of People with Disabilities; The Bazelon Center, for Mental Health Law; Disability Rights Education and Defense Fund; Legal Aid Society, Employment Law Center; Training and Advocacy Support Center of the National Association of Protection and Advocacy Systems, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 13, 2005.

Attorney(s) appearing for the Case

ARGUED: Michael Jackson Beattie, Beattie & Associates, P.L.L.C., Fairfax, Virginia, for Appellant. Kevin Kendrick Russell, United States Department Of Justice, Washington, D.C., for Intervenor. William Eugene Thro, State Solicitor General, Office of the Attorney General of Virginia, Richmond, Virginia; Thomas Martin Beck, Jones Day, Washington, D.C., for Appellees. ON BRIEF: Jerry W. Kilgore, Attorney General of Virginia, Maureen Riley Matsen, Deputy State Solicitor General, Alison Paige Landry, Senior Assistant Attorney General, Jeffrey Brandwine, Assistant Attorney General, Brian E. Walther, Assistant Attorney General, Richmond, Virginia, for Appellees. R. Alexander Acosta, Assistant Attorney General, Jessica Dunsay Silver, United States Department of Justice, Civil Rights Division, Appellate Section, Washington, D.C., for Intervenor. Claudia Center, Lewis Bossing, The Legal Aid Society-Employment Law Center, San Francisco, California, for Amici Curiae Supporting Appellant.

Before TRAXLER, GREGORY, and SHEDD, Circuit Judges.

Reversed and remanded by published opinion. Judge SHEDD wrote the opinion, in which Judge TRAXLER and Judge GREGORY joined.

SHEDD, Circuit Judge.

Carin Constantine sued The Rectors and Visitors of George Mason University ("GMU") and several members of GMU's law school faculty (the "individual defendants"), asserting a First Amendment retaliation claim under 42 U.S.C. § 1983 and disability discrimination claims under Title II of the Americans with Disabilities...

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