Long v. Howard University

• Decision Date: 05 September 2007
• Docket Number: Civil Action No. 02-1374 (JDB).
• Citation: 512 F.Supp.2d 1
• Parties: David T. LONG, Plaintiff, v. HOWARD UNIVERSITY, Defendant.
• Court: U.S. District Court — District of Columbia

Page 1

512 F.Supp.2d 1

David T. LONG, Plaintiff, v. HOWARD UNIVERSITY, Defendant.

Civil Action No. 02-1374 (JDB).

United States District Court, District of Columbia.

September 5, 2007.

Order Denying Motion to Alter Judgement October 25, 2007.

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Harvey S. Williams, Robert S. Madancy, Jr., Law Office of Harvey S. Williams, Washington, DC, for Plaintiff.

Daniel I. Prywes, Jacob A. Kramer, Bryan Cave LLP, Washington, DC, for Defendant.

MEMORANDUM OPINION

JOHN D. BATES, District Judge.

Plaintiff David Long, a former doctoral ("Ph.D.") candidate at Howard University, brought this action against the University alleging discrimination on the basis of disability in violation of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq., and the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and breach of contract under District of Columbia law. A jury trial was held on plaintiff's Rehabilitation Act and contract claims from December 11-19, 2006, with one contract claim resolved by the Court in defendant's favor prior to jury deliberations. The jury returned a verdict finding that defendant had failed to provide a reasonable accommodation for plaintiff's disability in violation of the Rehabilitation Act, but concluded that the claim `was barred by the statute of limitations. The jury also found in defendant's favor on the remaining breach of contract claim.

Pending before the Court are plaintiff's motion for a new trial pursuant to Fed. R.Civ.P. 59, and defendant's cross-motion for judgment as a matter of law or, in the alternative, for a new trial, on the issues decided adversely to defendant. Upon consideration of the entire record, the Court concludes that the jury was properly instructed on the statute of limitations, and that its verdict is supported by the evidence. Indeed, the Court's independent review of the evidence admitted at trial leads it to conclude that plaintiff's non-jury claims for equitable relief under the Rehabilitation Act and ADA for the alleged failure to provide a reasonable accommodation also are barred by the statute of limitations. Pursuant to Fed.R.Civ.P. 52, the Court sets forth its findings of fact and conclusions of law concerning those equitable claims below.

The Court further concludes that its earlier entry of judgment as a matter of law in defendant's favor on plaintiffs "educational" contract claim was appropriate in light of the absence of evidence from which a reasonable juror could find the contract alleged by plaintiff. Accordingly, plaintiffs motion will be denied, and a final judgment will be entered in defendant's favor on all remaining claims.¹ In light of that disposition, the Court has no occasion to reach the issues raised in defendant's cross-motion for judgment as a matter of law.

STANDARD OF REVIEW

Rule 59(a) of the Federal Rules of Civil Procedure provides that "[a] new trial may be granted to all or any of the parties and on all or part of the issues (1) in an action in which there has been a trial by jury, for any of the reasons for which new trials have heretofore been granted in actions at law in the courts of the United States." Under this provision, a new trial should be granted "only when the court is convinced that the jury verdict was a `seriously erroneous result' and where denial of the motion will result in a `clear miscarriage of justice.'" In re Lorazepam & Clorazepate Antitrust Litigation, 467 F.Supp.2d 74, 87 (D.D.C.2006) (quoting Warren v. Thompson, 224 F.R.D. 236; 239 (D.D.C.2004)); accord Wild v. Alster, 377 F.Supp.2d 186, 188 (D.D.C.2005). "Generally, a new trial may only be granted when a manifest error of law or fact is presented." In re Lorazepam & Clorazepate Antitrust Litigation, 467 F.Supp.2d at 87. Moreover, "the court should be mindful of the jury's special function in our legal system and hesitate to disturb its finding." Wild, 377 F.Supp.2d at 189 (quoting Nyman v. FDIC, 967 F.Supp. 1562, 1569 (D.D.C.1997)). The decision to grant or deny such a motion lies within the sound discretion of the trial court. Grogan v. Gen. Maint. Serv. Co., 763 F.2d 444, 448 (D. C. Cir.1985).

BACKGROUND

Plaintiff entered the Ph.D. program in the Department of Physiology and Biophysics ("Department") at Howard University in the fall of 1982. See Pl.'s Ex. 5. He was formally admitted as a Ph.D. candidate in 1989, after completion of his coursework, completion of oral comprehensive examinations, and selection and approval of a topic for his dissertation. See id. By late 1990, plaintiff had substantially completed a draft of his dissertation. See Pl.'s Ex. 47. However, also by that time, he had been diagnosed with pulmonary fibrosis, a lung disease that substantially diminished his lung function and thus his ability to be physically active. See Preliminary Tr., Dec. 12, 2006, at 157-60, 167-69. Plaintiff thus requested and was granted a leave of absence, and did not return for the spring semester of 1991. See Pl.'s Ex. 13. In' March 1992, plaintiff had discussions with Howard University about returning, but he did not reenroll at that time. See Official Tr., Dec. 13, 2006, Excerpt 1, at 33-35. Around the same time, he was pursuing a lawsuit against the University on a separate controversy concerning his lung disease, which was ultimately resolved pursuant to a settlement agreement between the parties.² See Official Tr., Dec. 13, 2006, Excerpt 1, at 33-34, 85, 120-21; Preliminary Tr., Dec. 14, 2006, at 73-75, 166.

Plaintiff contacted the University again in 1995 seeking to complete and defend his dissertation. See Pl.'s Ex. 20 and 25. By letter dated July 31, 1995, he submitted an "official request" to Dr. James Scott, the Associate Dean for Educational Affairs, and Dr. LaVal Cothran, Chairman of the Department of Physiology and Biophysics, requesting reinstatement as a graduate student in the Department and permission to defend his dissertation, as he believed he and the Department had already agreed upon before his leave of absence commenced. See Pl.'s Ex. 20; see also Pl.'s Ex. 13; Official Tr., Dec. 13, 2006, Excerpt 1, at 31-33. That letter was preceded by discussions earlier in 1995, from which plaintiff had concluded there might be some resistance to his reinstatement. See Pl.'s Ex. 25. Indeed, in a subsequent letter to the University dated September 26, 1995, plaintiff described his requests to Dr. Coleman and Dr. Cothran during the preceding months as meeting significant resistance, noting that "the only choices that came out of those conversations were: there is nothing we can do for you; therefore, you can try to contact Dr. Scott concerning these matters or you can go ahead and contact your lawyer." Id. By letter dated November 21, 1995, Orlando Taylor, Dean of the Graduate School of Arts and Sciences, responded to plaintiffs request for reinstatement, advising plaintiff to apply for readmission and, further, that the University time limits on validity of academic credits (the "ten-year rule") and completion of degrees (the "five-year rule") would apply. Pl.'s Ex. 26. In particular, Dean Taylor stated:

Upon readmission, your status as a student in the Graduate School will have to be determined by the Department of Physiology and Biophysics. You should be aware that the Department will have to consider your status in light of provisions in the Rules and Regulations for the Pursuit of Academic Degrees for the Graduate School. (See enclosed copy.) Under Article VI, Section I.C, a student seeking a doctor of philosophy degree may not "receive[] credit toward the degree for a course which the student pursued more than ten (10) years prior to the time the student presents himself or herself for the student's final examination." Under Article VI, Section 6, "[c]andidacy for the Ph.D. degree shall be valid for no more than five calendar years."

Finally, I am advised that while you presented a draft of your dissertation, a final version was never accepted by the faculty committee. Under Article VI, Section 9, acceptance of the dissertation by the faculty committee is required prior to the oral examination in defense of the dissertation outlined in Section 10.

Id. at 1-2.³ Plaintiff does not recall receiving the letter, although the letter was correctly addressed. See Official Tr., Dec. 13, 2006, Excerpt 1, at 121-22.

About two years later, plaintiff and his wife sought action directly from the president of Howard University, Patrick Swygert, by visiting his office personally on January 20, 1998. See Pl.'s Ex. 29, at 1. Plaintiff was feeling unwell and remained in his vehicle, while his wife unsuccessfully sought out Swygert. Id. at 1. Swygert's staff referred Mrs. Long to an attorney for the University, but no recourse was provided. Id.

A few months thereafter, Dean Taylor sent plaintiff a letter dated April 30, 1998, that, on its face, indicates it was transmitted by facsimile. See Pl.'s Ex. 28. Dean Taylor informed plaintiff that the Graduate School of Arts and Sciences had reviewed the issue of restoration of his candidacy for a doctoral degree in Physiology. Id. at 1. Dean Taylor again did not offer plaintiff the accommodation he sought — permission to return to defend his dissertation and then an award of the Ph.D. degree — and instead advised him that the restoration of his candidacy would require satisfaction of additional conditions:

Since you were unable to complete the Ph.D. program within the time requirements as described in the School's "Rule and Regulations for the Pursuit of Academic Degrees" (copy enclosed), the Department of Physiology, pursuant to the aforementioned rules and regulations, is pleased to advise you that it will recommend that your candidacy be restored provided that the following conditions are satisfied:

1. That you pass a comprehensive examination on the core courses required in the Physiology Ph.D....