Radford & Keebaugh, Experienced Civil Rights & Employment Law Attorneys

Atlanta Employment Lawyers, Georgia Civil Rights Attorneys, Employment Discrimination, Wage and Hour, Unpaid Overtime, Americans with Disabilities Act, First Amendment, False Arrest

  • Meet Our Team
    • Attorney Profile: James Radford
    • Attorney Profile: Regan Keebaugh
    • Attorney Profile: Georgia Lord
    • Attorney Profile: Dan Werner
    • Attorney Profile: Jake Knanishu
    • Attorney Profile: Zachary Panter
    • Staff Profile: Ila Wade
  • Practice Areas
    • Injury and Death
    • Employment Discrimination
    • Unemployment Benefits
    • Fair Labor Standards Act (Overtime, Wage and Hour)
    • Georgia Whistleblower Act
    • Public Employee Personnel Appeals
    • Americans with Disabilities Act
  • Contact Us Today
  • Address and Directions
  • Video
  • Blog

$481,000 judgment after jury trial victory for disabled Georgia State University student

October 30, 2015 james radford

brainIn the case of R.W. vs. Board of Regents of the University System of Georgia, we represented a student at Georgia State University (GSU) who has a diagnosis of schizophrenia, on the mild end of the spectrum. The university required the student to undergo its “mandated risk assessment” process, and evicted him from student housing, after he refused to answer a counselor’s questions about his illness. The university later notified the student that he could not remain enrolled at the university, and would not be eligible for student housing, unless he allowed the Dean of Student’s office to monitor his psychiatric health care and verify that he was complying with all recommended treatments, including the use of psychotropic drugs. The student had not been involved in any wrongdoing but, the university contended, his refusal to answer certain questions about his illness caused them to fear that he might pose a danger. The student had no disciplinary history and had not caused any disruption on campus.

We brought suit under Title II of the Americans with Disabilities Act (ADA) and the Rehabilitation Act, a law that prohibits discrimination on the basis of disability by recipients of federal funding.

On October 29, 2015, after a four-day trial, a federal jury found that GSU had discriminated against the student on the basis of his disability. Based on the evidence, the jury rejected GSU’s defense that the student posed a “direct threat” to the health or safety of others. The jury also found that GSU had acted with “deliberate indifference” to the student’s rights against discrimination and awarded him $75,000 in compensatory damages. The court also entered a permanent injunction requiring that GSU lift restrictions on the student’s eligibility for student housing. The court further ordered that the Board of Regents is liable for plaintiff’s attorneys’ fees and costs in the amount of over $406,000.

We are proud of this victory. We hope this case will have an impact on our culture’s conversation about mental illness. We hope it will encourage universities not to punish students for disclosing a mental illness and seeking treatment. Rather than improving campus safety, practices like this only isolate those with mental illness and discourages them from seeking help in the event of a crisis. We hope this result will help alleviate the fear and prejudice that is associated with mental illness.

You can view the court’s judgment below.

Judgment in R.W. v. Board of Regents of the University System of Georgia (GSU). October 30, 2015

And read the court’s order on attorneys fees and costs here:

Order Granting Attorneys Fees and Costs in R.W. v. Board of Regents of the University System of Georgia by James Radford on Scribd

Americans With Disabilities Act (ADA) americans with disabilities act, discrimination, georgia state university, gsu, mental health, mental illness, rehabilitation act, schizophrenia, title ii

Contact Us Today

If you are seeking an attorney, completing the form below will allow us to determine if we can help. The more detail you can provide us, the better we can help.

Fields marked with a * are required.

Featured Cases

DeKalb County Jail Sexual Harassment Case Information

Radford & Keebaugh Attorney Dan Werner Files Class Action on Behalf of Workers Trafficked by Major New Jersey Temple

Attorney Profiles

Attorney Profile: James Radford

Attorney Profile: James Radford

Attorney Profile: Regan Keebaugh

Attorney Profile: Regan Keebaugh

Attorney Profile: Georgia Lord

Attorney Profile: Georgia Lord

Attorney Profile: Dan Werner

Attorney Profile: Dan Werner

Attorney Profile: Jake Knanishu

Attorney Profile: Jake Knanishu

Attorney Profile: Zachary Panter

Attorney Profile: Zachary Panter

Recent Articles

Wrongful termination and at-will employment

Are salaried employees entitled to overtime pay?

Do at-will employees have legal rights for wrongful termination?

Red flags in severance agreements 

Employee rights under the Family and Medical Leave Act (FMLA)

Serving Clients Throughout Georgia

Our offices are located in the heart of downtown Decatur, Georgia. We serve clients throughout the metro Atlanta area. In addition, we serve clients throughout Georgia, including DeKalb County including Avondale Estates, Chamblee, Clarkston, Doraville, Dunwoody, Stone Mountain, and Tucker; Forsyth County including Cumming; Fulton County including Alpharetta, Atlanta, Roswell, and Sandy Springs; Gwinnett County including Auburn, Berkeley Lake, Braselton, Buford, Dacula, and Duluth; RIchmond County including Augusta; Albany; Valdosta; Gainesville; Clarke County including Athens; Macon.

© 2023 decaturlegal.com · Rainmaker Platform