LaCount v. Texas A & M

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 3, 2025
• Docket: 24-20317
• Status: Unpublished

Opinion

Case: 24-20317 Document: 38-1 Page: 1 Date Filed: 04/03/2025

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED April 3, 2025 No. 24-20317 ____________ Lyle W. Cayce Clerk Benjamin LaCount, II,

Plaintiff—Appellant,

versus

Texas A & M University,

Defendant—Appellee. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:24-CV-1087 ______________________________

Before Graves, Engelhardt, and Oldham, Circuit Judges. Per Curiam: * Benjamin LaCount, II filed an action in the district court of the Southern District of Texas asserting claims under 42 U.S.C. § 1983, §§ 504 and 508 of the Rehabilitation Act of 1973 (RA), and Title II of the Americans with Disabilities Act of 1990 (ADA) against Texas A&M University. Texas A&M moved for dismissal, which the district court granted on June 20, 2024. LaCount’s motion for reconsideration was denied. He subsequently

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 24-20317 Document: 38-1 Page: 2 Date Filed: 04/03/2025

No. 24-20317

appealed the district court’s dismissal of his ADA and RA claims. 1 Having considered this appeal on the basis of the briefs, record, and the applicable law in this matter, we AFFIRM.

_____________________ 1 To the extent that LaCount may be asserting a claim under 28 C.F.R. § 35.130(b)(8), we decline to consider this issue raised for the first time on appeal. See Hogue v. United Olympic Life Ins. Co., 39 F.3d 98, 102 (5th Cir. 1994).