Legal Opinion · Concurring in part, dissenting in part

Gavin Class v. Towson University

Court of Appeals for the Fourth Circuit

Decided November 13, 2015No. 15-1811Published

1Concurring in part, dissenting in partWynn, Circuit Judge

Towson University (“Towson”) decided that Gavin Class, a student who had suf*253fered a serious heatstroke, could no longer safely participate in its Division I football program. Class challenged this decision under the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act. The key question we must answer is what level of deference the district court should have applied in evaluating whether Towson discriminated against Class on account of his alleged disability.

The majority opinion and I agree that the district court applied the wrong standard in evaluating Towson’s decision. The…

2Cases cited15 opinions

  1. Pullman-Standard v. SwintSupreme Court of the United States · 1982
  2. Bragdon v. AbbottSupreme Court of the United States · 1998
  3. School Bd. of Nassau Cty. v. ArlineSupreme Court of the United States · 1987
  4. Regents of the University of Michigan v. EwingSupreme Court of the United States · 1985
  5. Board of Curators of the University of Missouri v. HorowitzSupreme Court of the United States · 1978

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