569 F. App'x 602
10th Cir.2014Background
- Borwick, an older African-American woman, enrolled in the University of Denver Social Work Ph.D. program in 2000 under a seven-year completion deadline.
- An April 2001 automobile accident caused serious injuries; she completed coursework but not the dissertation.
- After three one-year extensions, she was terminated from the Ph.D. program on June 4, 2010.
- In May 2011, Borwick filed a federal lawsuit alleging discrimination, retaliation, and disability-related claims under Title I and III of the ADA, the Rehabilitation Act, and § 1983, plus state contract claims.
- The district court granted summary judgment, assuming Borwick was disabled but finding no “otherwise qualified” status due to lack of satisfactory progress and that she failed to prove an enforceable contract.
- Borwick appeals pro se, arguing ADAAA application and existence of a contract under the 2000–2001 Ph.D. Program Handbook; the court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ADAAA should apply to Borwick’s claims | Borwick argues ADAAA broadens disability scope. | University may rely on pre-ADAAA framework; retroactivity not conceded. | Affirmed summary judgment; district court properly applied post-ADAAA standards where applicable. |
| Whether Borwick’s contract claim survives without an enforceable contract | Borwick trusted a contract existed under the Handbook. | No enforceable contract evidenced by record. | District court/appeals court affirmed that no enforceable contract existed. |
Key Cases Cited
- Hall v. Bellmon, 935 F.2d 1106 (10th Cir. 1991) (liberal treatment of pro se pleadings; standard on summary judgment)
- Green v. Dorrell, 969 F.2d 915 (10th Cir. 1992) (pro se pleadings must follow procedural rules)
- Garrett v. Selby Connor Maddux & Janer, 425 F.3d 836 (10th Cir. 2005) (court not required to scour record for allegations)
- Summers v. Altarum Inst., Corp., 740 F.3d 325 (4th Cir. 2014) (ALA mandates ADAA interpretation of disability)
- Carter v. Pathfinder Energy Servs., Inc., 662 F.3d 1134 (10th Cir. 2011) (ADA amendments retroactivity considerations)
- Neely v. PSEG Tex., Ltd. P’ship, 735 F.3d 242 (5th Cir. 2013) (broad interpretation of disability under ADA)
- Rohr v. Salt River Project Agric. Improvement & Power Dist., 555 F.3d 850 (9th Cir. 2009) (Rehabilitation Act/ADA framework guidance)