Joseph Cooney v. Barry School of Law, aka Dwayne O. Andreas School of Law

Whether the prohibitions against disability discrimination in Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. 12132, and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794(a), apply to the question that a prima facie case of discrimination is "adequate to sustain a finding of liability for discrimination" against the school, when "sufficient evidence" is provided to disprove the school's defense of its decision to not consider disabilities of students on probation and deny petitioner access to one of their educational programs. Whether the evidence was improperly credited to the party seeking summary judgment by the lower court but failed to properly acknowledge key evidence offered by petitioner opposing respondent's motion for summary judgment. All evidence must be considered in favor of the non-moving party by a court ruling on a motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure. In this case the opinion below in the 11th circuit reflects a clear misapprehension of summary judgment standards in light of U.S. Supreme Court and circuit court precedents, since the 11th Circuit +failed to adhere to the axiom that a ruling on a motion for summary judgment, "the evidence of the nonmovant is to be believed, and all justifiable inferences are to be drawn