LaCount v. Texas A & M

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 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.