Former Mount Marty nursing student loses discrimination claim over low grades

Student removed from program after getting two Cs in one semester

A former Mount Marty University nursing student who was kicked out of school for his grades can’t sue the school for discrimination or emotional damages, a federal judge ruled.

Judge Karen Schreier granted Mount Marty’s partial motion for summary judgement on Thursday against Daniel Smith, ruling that Smith did not have standing to bring his suit under Article III of the Americans with Disabilities Act. Smith had sought damages for past and future earnings that he argued he would have received had he graduated.

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“But as discussed above,” Schreier wrote, “monetary damages are unavailable to Smith under his ADA claims. Thus, on this record, the court finds that Smith cannot meet his burden to show that he has standing to pursue his ADA claims.”

Smith’s ADA complaint allowed injunctive relief to stop ongoing discrimination, but he did not seek the relief while enrolled nor did he seek to reenroll, and Schreier detrermined he did not have standing. His claims for emotional damages under the federal Rehabilitation Act were also rejected.

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