POWER v. UNIVERSITY OF NORTH DAKOTA SCHOOL OF LAW

No. 18-3535.

954 F.3d 1047 (2020)

Padraic A. POWER Plaintiff-Appellant v. UNIVERSITY OF NORTH DAKOTA SCHOOL OF LAW; Kathryn R.L. Rand, Dean (Official Capacity); Bradley Myers, Associate Dean (Official Capacity); Admissions Committee, Undisclosed Members (Official Capacities); North Dakota State Board of Higher Education; Kathleen Neset, Chair (Official Capacity); Don Morton, Vice Chair (Official Capacity); Kari Reichert, Board Member (Official Capacity); Kevin Melicher; Mike Ness, Board Member (Official Capacity); Mike Hacker, Board Member (Official Capacity); Greg Stemen, Board Member (Official Capacity); Nick Evans, Student Board Member (Official Capacity); Andy Wakeford, Staff Advisor (Official Capacity); Prof. Ernst Pijning, Faculty Advisor (Official Capacity) Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 27, 2020.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Richard H. Sindel , of Clayton, MO. The following attorney also appeared on the appellant brief; Sarah M. Boyce , of Clayton, MO.

Counsel who presented argument on behalf of the appellee and appeared on the brief was James E. Nicolai , AAG, of Bismarck, ND.

Before SMITH, Chief Judge, LOKEN and GRASZ, Circuit Judges.


Padraic Power sued the University of North Dakota School of Law and various school officials (collectively, "UND Law"), under Title II of the Americans With Disabilities Act of 1990 (ADA). He alleged that UND Law discriminated against him because of his mental illness when it rejected his admission application. The district court...

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