Académique Documents
Professionnel Documents
Culture Documents
Nos. 93-2051
93-2234
94-1589
J. DOE,
Plaintiff, Appellant,
v.
HARVARD UNIVERSITY,
Defendant, Appellee.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Edward F. Harrington, U.S. District Judge]
___________________
____________________
Before
Selya, Cyr and Stahl,
Circuit Judges.
______________
____________________
____________________
Per Curiam.
__________
Appellant J. Doe,
in
discriminated
June
1993
against
by
alleging
Harvard
that
because
she
of
had
a
been
learning
disability
from which
violations of the
she suffers.
Civil Rights
Her
complaint alleged
Act, 42 U.S.C.
[IDEA], 20 U.S.C.
Disabilities Act
refrain from
time,
injunction
1400-
[ADA], 42 U.S.C.
12101-
to
reinstate her
also
seeking
filed
similar
as
a student
Rights
Act
and the
IDEA
motion
for
relief.
The
and granted
for a
court denied
and
of discrimination.
a
to
At the
preliminary
district
the
the
compelling Harvard
same
1983,
summary
court
the Civil
judgment to
preliminary injunction.
Later
the district
Doe appeals
dismissal
reconsideration
of her
and
preliminary injunction.
district
court
judge
reviewed
carefully the
case, the
the
denial
denial
of
of her
her
motion for
request
for
recuse
record
himself.
in this
After
case, the
-3-
a
the
having
parties'
Doe's
Rights
claims
pursuant to
Section
1983
of the
Civil
dismissed.
This
Rice v.
____
The IDEA
State's
_______
compliance
Doe, see
___
20 U.S.C.
extensive
funding
goals
and
to adults
(children are
those
institutions like
1415(a)
(IDEA seeks
to
Harvard, see.
___
e.g., 20
___
U.S.C.
guarantee "free
appropriate public
the Rehabilitation
education").
To prevail
on a
has been
_____ ____
discriminated
U.S.C.
against because
704(a)
shall, solely
of
her disability.
by reason of her
See
___
individual .
or his disability, .
29
. .
. . be
-4-
qualified
individual
disability of
summary
with
disability
such individual")
judgment Harvard
(ADA).
presented
because
In
of
the
its motion
for
sworn affidavits,
with
Doe consulted
evidence
on
that
this matter.
the
other
acts
by the only
Harvard
of
also
alleged
legitimate, non-discriminatory
reasons.
In opposition
set forth
56(e),
to the
no specific facts as
but
only
judgment, Doe
required by Fed. R.
"'conclusory
allegations,
Civ. P.
improbable
inferences, and
had been
withstand
judgment.
properly
See also
___ ____
merely
colorable
supported
Wynne
_____
v.
is not sufficient
motion
or is
not
for
summary
This
("evidence that
significantly
probative'
not
address
some
of
these
because
they
were
We
not
-5-
presented
court.
See,
___
e.g., Kale v.
___
____
Combined Ins. Co., 861 F.2d 746, 755 (1st Cir. 1988).
_________________
In any
judgment
appellant's
of
action is
the
district
affirmed.
________
The
court
order
denying appellant's
affirmed.
________
denial
The
reconsideration
court
judge
request
that
is affirmed.
________
to recuse
for oral
this court
of
himself
argument is
reconsider its
appellant's
The
is
dismissing
of the
court
injunction is
motion
for
refusal by
the district
affirmed.
________
Appellant's
denied.
______
denial
Appellant's request
of her
request for
-6-