Argenyi v. Creighton University

Case Summary: 09-cv-341

Plaintiff Michael S. Argenyi, a medical student at Defendant Creighton University, has a hearing disability. Before starting medical school, he received a bilateral cochlear implant, and his physicians recommended that he be provided with access to CART, a cued speech interpreter, and an FM system that would direct sound to his cochlear implants. Defendant provided some, but not all, of the accommodations Plaintiff requested. Plaintiff brought this action under Title III of the Americans with Disabilities Act. A jury was impaneled in August 2013. These videos show the trial held between August 22 and September 4, 2013.

After more than two days of jury deliberation and deadlock, the lawyers for the parties agreed to accept a verdict by a majority of eight jurors. That majority returned a verdict in favor of Plaintiff with respect to two issues: (1) Defendant discriminated against Plaintiff based on his disability by failing to provide him with necessary auxiliary aids and services during his first two years of medical school, and (2) it would not have been an undue burden on Defendant for it to provide such auxiliary aids and services. A majority of eight jurors also determined that Plaintiff had not demonstrated that Defendant’s discrimination was intentional, and the jury awarded him no damages.

Plaintiff then filed a Motion for Declaratory, Equitable, and Injunctive Relief. The court granted Plaintiff’s motion, ordering Defendant to provide Plaintiff with auxiliary aids and services for his effective communication beginning in the fall semester of 2014 and continuing until his graduation.

Case Highlights

• Complaint filed 9/24/2009 (Doc #1)
• Answer filed 11/18/2009 (Doc #18)
• Jury trial held 8/22-9/04/2013 (Doc #359-389)
• Jury verdict in favor of Plaintiff 9/04/2013 (Doc #386)
• Plaintiff filed Motion for Declaratory, Equitable, and Injunctive Relief 10/15/2013 (Doc #394)
• Court granted motion 12/19/2013 (Doc #424)

Case-related documents, including those referenced above, are available via the Public Access to Court Electronic Records (PACER) service. For more information, visit Pacer.gov.