Russell Campbell v. Lamar Institute of Technology, 2016 U.S. App. LEXIS 21146

Background

Russell Campbell, a LIT student with an anoxic brain injury, received some accommodations (extended exam time, laptop, recorder) while in an EMS program and later enrolled in a Respiratory Care Program.
A professor had previously allowed Campbell to take a second, different exam two weeks after the class exam; Campbell requested that as a formal accommodation for all his classes (or alternatively two extra weeks to study with a second exam created to prevent cheating). He provided a doctor’s note recommending 1–2 weeks to retain new information.
LIT’s Special Populations Coordinator and VP of Student Services denied the institution-wide accommodation as unreasonable, citing unfair advantage to Campbell, administrative/teaching burdens (creating second exams, scheduling outside the academic calendar), and potential lowering of standards; they told Campbell he could seek individualized accommodations from instructors.
Instructors declined to change the testing schedule; concerned about his health and academic progress, Campbell withdrew from LIT and later filed a grievance. LIT’s VP of Academic Affairs later offered to provide reasonable accommodations with medical documentation and to waive tuition for a following semester; Campbell refused and sued nine months after withdrawal.
The district court granted summary judgment to LIT, holding Campbell’s ADA claim moot, that he lacked standing for injunctive/declaratory relief, and alternatively that Eleventh Amendment immunity barred relief; Campbell appealed.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Eleventh Amendment bars damages for Rehabilitation Act claim	Campbell argued sovereign immunity does not bar his §504 claim	LIT (state) argued sovereign immunity bars damages under the Rehabilitation Act/ADA	Held: Eleventh Amendment does not bar §504 damages because LIT accepts federal funds (waiver).
Whether claim for compensatory damages is moot after LIT later offered accommodations	Campbell argued past discrimination caused compensable injury; later offer does not moot retrospective damages	LIT argued its later offer mooted damages claim	Held: Not moot—retrospective damages for past denial survive despite later offer.
Whether LIT unreasonably denied a requested accommodation (failure to make reasonable accommodation / intentional discrimination)	Campbell argued requested extra exam/study time was reasonable and supported by medical documentation; alleged intentional discrimination	LIT argued accommodation was unreasonable, would fundamentally burden program/instructors and give unfair advantage; no intentional discrimination evidence	Held: No genuine dispute of intentional discrimination; LIT’s denial was reasonable and entitled to deference—summary judgment for LIT.
Whether Campbell has standing for injunctive or declaratory relief	Campbell sought prospective relief to prevent future accommodation denials	LIT argued Campbell withdrew and repeatedly said he will not return, so no imminent future injury	Held: Campbell lacks Article III standing for prospective relief because his injury is speculative/remote.

Key Cases Cited

Pace v. Bogalusa City Sch. Bd., 403 F.3d 272 (5th Cir. 2005) (state acceptance of federal funds waives sovereign immunity under §504)
Bennett-Nelson v. La. Bd. of Regents, 431 F.3d 448 (5th Cir. 2005) (declining to reach ADA abrogation after §504 waiver resolved immunity)
Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663 (2016) (mootness principles for intervening remedial actions)
Los Angeles v. Lyons, 461 U.S. 95 (1983) (standing for injunction requires a real and immediate threat of future injury)
Delano-Pyle v. Victoria Cty., Tex., 302 F.3d 567 (5th Cir. 2002) (Rehabilitation Act/ADA jurisprudence parallels; compensatory damages require intentional discrimination)
McGregor v. Louisiana State Univ. Bd. of Sup'rs, 3 F.3d 850 (5th Cir. 1993) (deference to academic decisions absent evidence of intentional discrimination)
Halpern v. Wake Forest Univ. Health Scis., 669 F.3d 454 (4th Cir. 2012) (deference to schools’ professional judgments on student qualifications)
S. E. Cmty. Coll. v. Davis, 442 U.S. 397 (1979) (institutions need not substantially modify reasonable standards)
Zukle v. Regents of Univ. of Cal., 166 F.3d 1041 (9th Cir. 1999) (distinguishing academic decisions from discriminatory acts)
Dean v. Univ. at Buffalo Sch. of Med. & Biomedical Scis., 804 F.3d 178 (2d Cir. 2015) (schools must diligently assess alternatives before denying accommodations)
Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) (Article III standing requirements)