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Wallerv.Board of Regents of the University System of Georgia

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.24-13307
DecidedAugust 10, 2026
Reporter34 F.4th 1260
JudgesJordan, J.; Jill Pryor, J.; Kidd, J.
Tags
CivilEducation LawSovereign ImmunityContract FormationAmericans with Disabilities ActMotion to Dismiss
Case Summary

Shannon Waller, a respiratory therapy student at Middle Georgia State University with attention deficit disorder, anxiety, and depression, received an F in his clinical externship after a campus disciplinary panel found that he endangered a patient’s health or safety at a Warner Robins hospital. He sued the Board of Regents for breach of contract, claiming the university failed to follow its conduct code, and brought disability-discrimination claims under Title II of the Americans with Disabilities Act and the Rehabilitation Act. The Eleventh Circuit held that the contract claim was barred by sovereign immunity because Waller did not plausibly allege a written contract of the kind for which Georgia has waived immunity. Predicting Georgia law, the court explained that the student handbook was not signed by any university representative, and that the admission letter, though signed by both parties, set out no written consideration from Waller, since attending orientation and following school policies were conditions of admission rather than bargained-for exchange. Any implied contract with the university was not enough to waive immunity. The court also affirmed dismissal of the disability claims because the complaint offered only conclusory allegations that he was disciplined because of his conditions, while its own facts showed that multiple hospital and university employees believed he had endangered a patient.

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