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Moseley v. Meharry Medical College

United States District Court, M.D. Tennessee, Nashville Division

August 19, 2019

SARAH MARIA PAULA ALICIA MOSELEY, Plaintiff,
v.
MEHARRY MEDICAL COLLEGE, Defendant.

          Richardson Judge

          REPORT AND RECOMMENDATION

          JEFFERY S. FRENSLEY UNITED STATES MAGISTRATE JUDGE

         I. INTRODUCTION

         This matter is before the Court upon a Motion for Temporary Restraining Order filed by Sarah Maria Paula Alicia Moseley, proceeding pro se. Docket No. 2. Ms. Moseley has also filed a Supporting Memorandum. Docket No. 3. Ms. Moseley alleges that Meharry Medical College (“MMC”) has violated the Americans with Disabilities Act and its implementing legislation, 28 C.F.R. Chapter 36, by, among other things, assigning her to participate in a surgery clinical rotation located in Detroit, Michigan. Docket No.3. Ms. Moseley contends that:

Movant is to load her car in Nashville, drive to Detroit (which will take her two days), unload her car, move into her Detroit lodging, and report for duty in Detroit first things Monday morning, August 19. Her stint in Detroit ends Friday, August 30. Movant is then to reload her car, drive back to Detroit, unload her car, and report to school at Meharry first thing Monday, September 2. Movant is physically incapable of doing this, because of her disability.

Id. at 9 (internal citation and paragraph numbering omitted). She contends that MMC is now requiring her to perform an additional rotation in Detroit as a form of retaliation, and is failing to provide reasonable accommodations related to entering the building, observing surgeries, and obtaining scrubs. Id. at 5. Ms. Moseley also asserts that a reasonable accommodation is readily available: “[o]ther MMC students have been assigned to do the same portion of their surgical rotation at HCA/Southern Hills, in the Nashville area.” Docket No. 2, p. 4.

         Ms. Moseley asks the Court to order MMC to take various measures to provide her relief, including:

(1) Immediately cancel its assignment of Movant to a surgical rotation clerkship at the Detroit medical institution.
(2) Not reassign Movant to any surgical rotation clerkship at any location outside the Nashville area.
(3) Immediately make a good faith effort to have Movant included in the cohort of Meharry Medical students who have been assigned to a surgical rotation clerkship at HCA/Southern Hills for August 13-30.

. . . Id. at 8 (emphasis in original).

         MMC has not responded to the Motion. MMC has filed an Answer to the Complaint. Docket No. 11. In its Answer, MMC “admits that it provided Plaintiff with reasonable accommodations during her first two years of medical school” and “denies the characterization of those accommodations as ‘sporadic.'” Id. at 2.

         II. LAW AND ANALYSIS

         The moving party has the burden of proving that the circumstances “clearly demand” a temporary restraining order (“TRO”) or preliminary injunction. Overstreet v. Lexington-Fayette Urban Cnty. Gov't., 305 F.3d 566, 573 (6th Cir. 2002). The court must balance four factors in deciding whether to issue a TRO or preliminary injunction: “(1) whether the movant has a strong likelihood of success on the merits; (2) whether the movant would suffer irreparable injury without the injunction; (3) whether issuance of the injunction would cause substantial harm to others; and (4) whether the public interest would be served by issuance of the injunction.” City of Pontiac Retired Employees Ass'n. v. Schimmel, 751 F.3d 427, 430 (6th Cir. 2014) (internal quotation marks omitted). These four factors are ...


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