United States District Court, W.D. Texas, San Antonio Division
ANDREW J. GLUECK, Plaintiff,
NATIONAL CONFERENCE OF BAR EXAMINERS, TEXAS BOARD OF LAW EXAMINERS, LAW SCHOOL ADMISSIONS COUNCIL, INC., Defendants.
RODRIGUEZ UNITED STATES DISTRICT JUDGE
Court held a hearing in this case on October 26, 2017. For
the reasons stated in open court, the Court dismisses as
withdrawn Defendant National Conference of Bar Examiners'
("NCBE") 12(b)(1) Motion to Dismiss Plaintiff's
claims under the American with Disabilities Act
("ADA") and Texas Human Resources Code. The Court
further GRANTS NCBE's 12(b)(6) Motion to Dismiss and
GRANTS the Texas Board of Law Examiners'
("TBLE") 12(b)(1) Motion to Dismiss. The Court
further DENIES Plaintiff's Motion for Reconsideration.
Docket no. 37.
brought this action on a pro se basis on May 19,
2017, naming as defendants the NCBE, TBLE, and Law School
Admissions Council, Inc. ("LSAC"). Docket no. 1. On
July 24, 2017, Plaintiff filed an Amended Complaint, Docket
no. 24, and on July 25, 2017, he filed a Second Amended
Complaint. Docket no. 25. Plaintiff asserted claims under the
ADA, the Texas Human Resources Code, and the Texas Deceptive
Trade Practices Act ("DTPA"). Id.
is a third-year law school student and alleges he suffers
from Attention Deficit Hyperactivity Disorder
("ADHD") Combined Type, Specific Learning Disorder
(Reading and Comprehension Impairment), and dyslexia. Docket
no. 25 at 8. Plaintiff alleges that his disability
significantly compromises his reading comprehension and the
rate at which he reads and writes. Id. Plaintiff
states he has received accommodations while pursuing a
graduate degree and on law school exams, including being
granted extended testing time. Id.
about December 3, 2016, Plaintiff submitted a request for
accommodations with the NCBE to take the Multistate
Professional Responsibility Examination ("MPRE"),
an ethics exam one must take and pass to be admitted to the
State Bar of Texas. Id. at 15. On or about January
20, 2017, Plaintiff registered for the MPRE using LSAC's
website, and he requested extended time (50%), an audio CD,
and a non-scantron answer sheet for the MPRE. Id. On
January 23, 2017, NCBE notified Plaintiff that it received
his registration for the March 2017 MPRE test and to allow
ten to fifteen days for its decision on his accommodation
website states that if NCBE denies an accommodation request,
an individual will be notified of the decision and may seek
reconsideration with any additional documentation.
Id. at 17. The reconsideration request must be
received prior to the late registration deadline for the
corresponding MPRE test date. Id. For the March 2017
MPRE test date, the on-time registration deadline was January
26, 2017, and the late registration deadline was February 2,
2017. Mat 16.
states that on February 16, 2017, NCBE denied his
accommodation request. Id. at 17. On March 18, 2017,
Plaintiff sat for and took the MPRE, and on April 12, 2017,
Plaintiff learned he failed to pass the MPRE. Id.
alleges that NCBE's registration schedule, accommodations
request system, and deadline to seek reconsideration for the
MPRE allows NCBE to deny requests for accommodations due to
its policy that there are no exceptions to its deadlines.
Id. at 18. Plaintiff alleges that he submitted every
document he possessed to evidence his disability, but that
NCBE found that none of the documents warranted
accommodations for the March 2017 MPRE. Id.
Plaintiff states he was "unable to register for the
August 2017 MPRE due to the fact that he was still waiting on
a response from NCBE regarding his original complaint."
Id. Plaintiff alleges it was reasonable for him to
conclude "that submitting the same documents, shelling
out more money to register for the MPRE, and hopefully
receive a different determination-within five business
days-was absolutely futile." Id. at 18-19.
states that on June 13, 2017, TBLE denied his request for
accommodations for the July 2017 State Bar Exam. Id.
at 23. Plaintiff alleges that TBLE provided no basis as to
why denying his request would invalidate its
"responsibility to maintain the integrity and
validity" of the exam. Id. at 24. Plaintiff
alleges that TBLE used its own expert consultants to call
into question the documents he submitted about his
disability. Id. Plaintiff alleges that TBLE violated
his right to not be discriminated against as a disabled
person. Id. at 25.
seeks declaratory and injunctive relief that would allow him
50% additional time to take any future administration of the
MPRE and Texas Bar Exam.
September 8, 2017, Defendants filed Motions to Dismiss for
lack of subject-matter jurisdiction, failure to state a claim
for which relief can be granted, and failure to plead claims
sounding in fraud with particularity. Docket nos. 27, 28, 29.
On October 16, 2017, the Court granted in part
Defendants' Motions. The Court granted LSAC's Motion
to Dismiss for lack of subject-matter jurisdiction, granted
NCBE's Motion to Dismiss for failure to state a claim
with respect to Plaintiffs DTPA claims, and granted
TBLE's Motion to Dismiss for lack of subject-matter
jurisdiction with respect to Plaintiffs Texas Human Resources
Code and DTPA claims under the principle of sovereign
immunity. Docket no. 34.
October 26, 2017, hearing, the Court heard arguments on
Plaintiffs remaining claims under the ADA and Texas Human
Resources Code and Defendants' corresponding Motions to
Dismiss. NCBE withdrew its 12(b)(1) Motion to Dismiss
Plaintiffs claims. Now before the Court are: (1) NCBE's
12(b)(6) Motion to Dismiss Plaintiffs ADA claims, and (2)
TBLE's 12(b)(1) Motion to Dismiss Plaintiffs ADA claim
under the ...