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REAVES v. MILLS

No. 95-CV-6561T.

904 F.Supp. 120 (1995)

Kelvin Tyjuan REAVES, et al., Plaintiffs, v. Richard P. MILLS, et al., Defendants.

United States District Court, W.D. New York.

November 10, 1995.

Attorney(s) appearing for the Case

Joyce Barbara Berkowitz, Rochester, NY, for Kelvin Tyjuan Reaves, by his mother and next friend, Doretha Reaves, on his behalf.

Elizabeth J. McDonald, Assistant Attorney General of State of New York, Rochester, New York, for Richard P. Mills, in his official capacity as Commissioner of Education of the State of New York, New York State Education Department, New York State Public High School Athletic Association, Inc., Eligibility Committee of New York State Public High School Athletic Association, Inc., Section V Eligibility Committee of New York, State High School Athletic Association, Inc.

DECISION and ORDER

TELESCA, Chief Judge.

INTRODUCTION

Plaintiff Doretha Reaves brings this action on behalf of her son Kelvin Reaves pursuant to Title II of the Americans With Disabilities Act ("ADA"), 42 U.S.C. § 12131, et seq., alleging that Kelvin has been discriminatorily denied eligibility to participate in interscholastic high school sports by reason of his alleged disability of mild mental retardation.

Kelvin,...

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