X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Before Smith, Stewart, and Duncan, Circuit Judges. Per Curiam:* After being dismissed from an academic program at Texas Tech University Health Sciences Center (“Texas Tech”), Amy Pickett sued Texas Tech and two officials under the Americans with Disabilities Act (“ADA”), Section 504 of the Rehabilitation Act (“RA”), and 42 U.S.C. § 1983. The district court dismissed several of Pickett’s claims and later granted defendants summary judgment on her remaining claims. Pickett appealed pro se. We AFFIRM. I. Pickett entered Texas Tech’s Doctor of Nursing Program (“DNP”) in May 2016. In April 2017, Texas Tech accepted Pickett into its Family Nurse Practitioner Program (“FNP”) and allowed her to enroll in a combined DNP/FNP program. In May 2017, Pickett requested extra time to take exams on account of her ADHD. Texas Tech granted this accommodation along with notetaking assistance. In summer and fall 2018, however, Pickett received two grades of C or lower and was subsequently dismissed from the program. In September 2020, Pickett sued Texas Tech and two academic officials, Drs. Evans and Cherry. In September 2021, the district court dismissed several of Pickett’s claims. Defendants subsequently filed an interlocutory appeal, arguing they were entitled to sovereign immunity on Pickett’s ADA claims. A panel of our court rejected that argument, remanding for further consideration of Pickett’s remaining claims: a failure- to-accommodate claim related to Texas Tech’s purported failure to provide Pickett with lecture notes, a disability discrimination claim, and a § 1983 claim sounding in substantive due process. Pickett v. Tex. Tech Health Scis. Ctr., 37 F.4th 1013, 1019 (5th Cir. 2022). The district court granted defendants summary judgment on these claims in March 2024. Pickett appealed. On appeal, Pickett for the first time alleges violations of the First Amendment and Title VII as well as retaliation, constructive discharge, and breach of contract claims. She also appeals the September 2021 dismissal of some of her failure-to-accommodate claims and § 1983 claims. In addition, Pickett appeals the summary judgment dismissing her remaining failure-to- accommodate, disability discrimination, and § 1983 claims. II. We review Rule 12(b)(6) dismissals and summary judgments de novo. Bridges v. Empire Scaffold, L.L.C., 875 F.3d 222, 225 (5th Cir. 2017); Meador v. Apple Inc., 911 F.3d 260, 264 (5th Cir. 2018).[1] III. As noted, Pickett raises several claims for the first time on appeal. But “[i]t is a bedrock principle of appellate review that claims raised for the first time on appeal will not be considered.” Stewart Glass & Mirror, Inc. v. U.S. Auto Glass Disc. Ctrs., Inc., 200 F.3d 307, 316–17 (5th Cir. 2000). We turn to the September 2021 dismissal of Pickett’s § 1983 claim sounding in procedural due process. Pickett asserted a protected interest in continued enrollment in the DNP/FNP program. See Klingler v. Univ. of S. Miss., USM, 612 F. App’x 222, 227 (5th Circ. 2015) (unpublished) (explaining that procedural or substantive due process claims require deprivation of a protected interest). But continued enrollment in that program is not a protected interest. Barnes v. Symeonides, 44 F.3d 1005, 1995 WL 10518, at *2 (5th Cir. Jan 3, 1995) (unpublished) (“Education— particularly post-graduate or professional education—is not a right afforded either explicit or implicit protection under the Constitution.”). The district court therefore did not err. Nor did it err in dismissing Pickett’s other § 1983 claims because, again, Pickett fails to identify a protected property or liberty interest of which she was deprived. We next consider the September 2021 dismissal of Pickett’s RA failure-to-accommodate claims against Cherry and Evans. It is undisputed that Pickett was a covered individual under the ADA/RA and that her disability was known to Texas Tech. As a result, Texas Tech had to make reasonable accommodations for Pickett’s disability. See Choi v. Univ. of Tex. Health Sci. Ctr. at San Antonio, 633 F. App’x 214, 215 (5th Cir. 2015) (unpublished). Pickett claimed Texas Tech failed to (i) delay the start time of an exam and (ii) let Pickett retake exams or substitute exam grades. These claims fail. Texas Tech honored Pickett’s request to delay restarting the exam. She did not, however, request retaking exams or substituting grades. Accordingly, Texas Tech cannot be liable for failing to provide Pickett with those accommodations. See Jenkins v. Cleco Power, LLC 487 F.3d 309, 315 (5th Cir. 2007). We turn to the summary judgment dismissing Pickett’s § 1983 claim sounding in substantive due process. That claim again stems from her purported right to continued enrollment in the DNP/FNP program. Because Pickett has no protected interest in this, see Barnes, 1995 WL 10518, at *2, the district court did not err. We next consider the summary judgment dismissing Pickett’s disability discrimination claims. Pickett alleged she was dismissed on account of her ADHD. Upon review of the record, we agree with defendants and the district court that Pickett has identified no evidence that she was dismissed for this reason. Finally, we consider the summary judgment dismissing Pickett’s final failure-to-accommodate claim. Pickett claimed Texas Tech failed to provide her with lecture notes. Specifically, she alleged she twice received only PDF copies of PowerPoint presentations, as opposed to the PowerPoint slides themselves. The district court correctly rejected that claim. The record shows that Pickett received all lecture notes, just not in her preferred format. See E.E.O.C. v. Agro Distrib., LLC, 555 F.3d 462, 471 (5th Cir. 2009) (“The ADA provides a right to reasonable accommodation, not to the employee’s preferred accommodation.”).[2] AFFIRMED.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
April 08, 2025 - April 09, 2025
Chicago, IL

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

McCarter & English, LLP is actively seeking a junior level commercial litigation associate admitted to practice in Connecticut, with a d...


Apply Now ›

McCarter & English, LLP is actively seeking a litigation associate for its office located in Hartford, CT. One to three years of experie...


Apply Now ›

Shipman & Goodwin LLP is seeking an associate to join our corporate and transactional practice. Candidates must have four to eight years...


Apply Now ›