Facts

Plaintiff Jean-Claude Myrtil filed suit against the University of Southern California, claiming he was discriminated against with regard to enrollment to its Bachelor of Fine Arts/Bachelor of Arts program in dramatic arts.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed he was discriminated against on the basis of his alleged mental disability. Plaintiff alleged that the University violated Title III of the Americans with Disabilities Act and the California Unruh Act, as well as various tort claims. He contended that the University should have also allowed him to participate in its limited status program, which is intended for individuals who wish to take a limited number of classes without formally applying to the University.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff never asked for any accommodations with regard to his audition or other aspects of the application process. Further, all students are required to submit their transcripts from all colleges or universities to which they have attended, something plaintiff failed to do. Moreover, defendant contended that plaintiff failed to satisfy the criteria for limited status because students who do not already hold a Bachelor's degree, such as plaintiff, will not be accepted into the program if they had been earlier denied admission to USC. Plaintiff had been denied admission the prior academic year.

Result

The court granted the University's motion for summary judgment in its entirety. The court found that plaintiff did not present admissible evidence to create a triable issue of fact with regard to whether the University discriminated against him because of his disability, or that he was otherwise qualified for admission to the University.

Other Information

Plaintiff has filed a notice of appeal, although he is now proceeding pro per.