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Keywords

plaintiffdefendantjurisdictiondiscriminationcivil rightscase lawrehabilitation
plaintiffdefendantjurisdictiondiscriminationcivil rightscase lawrehabilitation

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Crawford v. University of North Carolina, 440 F.Supp. 1047

Facts

The plaintiff, a deaf graduate student at Western Carolina University, claimed that he was denied interpreter services necessary for his education. Despite being a student in good standing, he had made unsuccessful attempts to secure funding for an interpreter. The defendants included university officials who were responsible for the administration and policies of the university. The plaintiff argued that the university's practices violated his rights under the Civil Rights Act and the Rehabilitation Act.

The plaintiff, a deaf graduate student at Western Carolina University, claimed that he was denied interpreter services necessary for his education. Despite being a student in good standing, he had made unsuccessful attempts to secure funding for an interpreter. The defendants included university officials who were responsible for the administration and policies of the university. The plaintiff argued that the university's practices violated his rights under the Civil Rights Act and the Rehabilitation Act.

Issue

Whether the plaintiff has a private cause of action under the Rehabilitation Act of 1973 and whether the university's failure to provide interpreter services constitutes a violation of his rights.

Whether the plaintiff has a private cause of action under the Rehabilitation Act of 1973 and whether the university's failure to provide interpreter services constitutes a violation of his rights.

Rule

The court applied the principles of the Rehabilitation Act of 1973, which prohibits discrimination against handicapped individuals in programs receiving federal financial assistance, and considered the doctrine of primary jurisdiction regarding administrative remedies.

The court applied the principles of the Rehabilitation Act of 1973, which prohibits discrimination against handicapped individuals in programs receiving federal financial assistance, and considered the doctrine of primary jurisdiction regarding administrative remedies.

Analysis

The court found that there was a serious question regarding the plaintiff's private cause of action under the Rehabilitation Act, as the Act does not explicitly provide a remedy for individuals. However, the court noted that there is a growing body of case law supporting the notion that handicapped individuals have a cause of action against arbitrary and unreasonable classifications. The court balanced the likelihood of irreparable harm to the plaintiff against the harm to the defendants, ultimately deciding that the plaintiff's need for an interpreter was significant enough to warrant preliminary injunctive relief.

The court found that there was a serious question regarding the plaintiff's private cause of action under the Rehabilitation Act, as the Act does not explicitly provide a remedy for individuals. However, the court noted that there is a growing body of case law supporting the notion that handicapped individuals have a cause of action against arbitrary and unreasonable classifications. The court balanced the likelihood of irreparable harm to the plaintiff against the harm to the defendants, ultimately deciding that the plaintiff's need for an interpreter was significant enough to warrant preliminary injunctive relief.

Conclusion

The court ordered the university to procure an interpreter for the plaintiff's classes while requiring the plaintiff to initiate a complaint with the Department of Health, Education, and Welfare as a condition of the relief granted.

The court ordered the university to procure an interpreter for the plaintiff's classes while requiring the plaintiff to initiate a complaint with the Department of Health, Education, and Welfare as a condition of the relief granted.

Who won?

The plaintiff prevailed in the case as the court granted him preliminary injunctive relief, recognizing his need for interpreter services and the public interest in ensuring access to education for handicapped individuals.

The plaintiff prevailed in the case as the court granted him preliminary injunctive relief, recognizing his need for interpreter services and the public interest in ensuring access to education for handicapped individuals.

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