In Spann v. National Conference of Bar Examiners, the 10th Circuit Court affirmed the dismissal of a suit brought by a bar applicant who alleged she was denied appropriate testing accommodations on the New Mexico bar exam.
Dr. Perry Spann sued the National Conference of Bar Examiners and the New Mexico Board of Bar Examiners, asserting violations of the Americans with Disabilities Act and the Rehabilitation Act of 1973. She claimed the denial of requested accommodations contributed to her failing score and sought relief under Title III of the ADA and related statutory provisions.
The panel upheld the district court’s dismissal on multiple grounds. It agreed the court lacked personal jurisdiction over the NCBE and concluded Spann had failed to properly preserve arguments for jurisdictional discovery. As to the state board, the court affirmed summary judgment and dismissal of the ADA Title III claim, holding that the claims were barred by sovereign immunity under the 11th Amendment to the United States Constitution. The court found no reversible error in the district court’s procedural or substantive rulings.
The decision reinforces the jurisdictional and immunity hurdles facing ADA accommodation claims against state bar authorities and related entities, particularly where arguments are not fully developed at the district court level.