Case: Rogers v. West Virginia University Board of Governors

2:25-cv-00182 | U.S. District Court for the Southern District of West Virginia

Filed Date: March 20, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 20, 2025, two blind students with the National Federation of the Blind (NFB) and the NFB - West Virginia filed this complaint in the United States District Court for the Southern District of West Virginia against West Virginia University (WVU) Board of Governors and administrators. The Plaintiffs alleged that the University systematically denied blind students an equal opportunity to participate in and benefit from WVU’s programs and activities in violation of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973. Represented by the Disability Rights of West Virginia, the plaintiffs sought an injunction, declaratory judgment, damages, fees, and a jury trial. The case was assigned to Judge Joseph R. Goodwin. As of April 20, 2025, the court issued a standing order for assignment and referral of the civil actions to Magistrate Judge Dwane L. Tinsley. 

As of April 20, 2025, this case is ongoing.

Summary Authors

Ashley Hamilton (4/20/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69767322/parties/rogers-v-west-virginia-university-board-of-governors/


Judge(s)

Goodwin, Joseph Robert (West Virginia)

Attorney for Plaintiff

Folio, Michael J. (West Virginia)

Ward, Nicholas (West Virginia)

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Documents in the Clearinghouse

Document
1

2:25-cv-00182

Complaint and Demand for Jury Trial

Rogers v. West Virginia University Board of Govenors

March 20, 2025

March 20, 2025

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69767322/rogers-v-west-virginia-university-board-of-governors/

Last updated Feb. 19, 2026, 2:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT AND DEMAND FOR JURY TRIAL with Jury Demand. Filing Fee $405.00. Receipt # AWVSDC-8848930. (Attachments: # 1 Proposed Summons, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Civil Cover Sheet) (skm)

1 Proposed Summons

View on PACER

2 Proposed Summons

View on PACER

3 Proposed Summons

View on PACER

4 Civil Cover Sheet

View on PACER

March 20, 2025

March 20, 2025

Clearinghouse
2

ELECTRONIC SUMMONS ISSUED as to West Virginia University Board of Governors, E. Gordon Gee, Deana Morrow, re: 1 Complaint and Demand for Jury Trial. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: # 1 Summons as to E. Gordon Gee, # 2 Summons as to Deana Morrow) (skm)

March 20, 2025

March 20, 2025

3

NOTICE OF FAILURE TO FILE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 as to The National Federation of the Blind, The National Federation of the Blind of West Virginia. (skm)

March 20, 2025

March 20, 2025

RECAP

CASE assigned to Judge Joseph R. Goodwin. (klc)

March 20, 2025

March 20, 2025

4

STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED SEPTEMBER 1, 2024. Discovery referred to Magistrate Judge Dwane L. Tinsley. (cc: counsel of record; any pro se party) (klc)

March 21, 2025

March 21, 2025

54

MEMORANDUM OPINION AND ORDER granting Defendants' 7 Motion to Dismiss; dismissing without prejudice Counts I and II as to Defendants E. Gordon Gee and Deanna Morrow. Signed by Judge Joseph R. Goodwin on 10/6/2025. (cc: counsel of record; any unrepresented party) (btm)

Oct. 6, 2025

Oct. 6, 2025

RECAP
103

ORDER The 72 MOTION by West Virginia University Board of Governors for Protective Order is GRANTED IN PART and DENIED IN PART; the objections to topics 2 and 3 are SUSTAINED IN PART; the request to be relieved of obligation regarding topics 2 and 3 is DENIED; the parties are directed to attempt to reach a resolution in accordance with the email filed at ECF No. 88-1 at 3; the parties and counsel are further directed to file a certified Joint Status Report by 4:00 p.m. on 12/29/2025; objections to topics 14 and 15 are SUSTAINED IN PART; topics 14 and 15 are limited to Defendant's student-used educational technologies specified herein; the objection to topic 24 is OVERRULED. Signed by Magistrate Judge Dwane L. Tinsley on 12/8/2025. (cc: counsel of record; any unrepresented party) (kew)

Dec. 8, 2025

Dec. 8, 2025

RECAP
143

MEMORANDUM OPINION AND ORDER directing that the Court OVERRULES defendant's 115 Partial Objection to Magistrate Judge Tinsley's Order. Signed by Judge Joseph R. Goodwin on 1/14/2026. (cc: counsel of record; any unrepresented party) (mfo)

Jan. 14, 2026

Jan. 14, 2026

RECAP
161

MEMORANDUM OPINION AND ORDER granting 144 MOTION by Miranda Lacy, Harold Thomas Rogers, The National Federation of the Blind, The National Federation of the Blind of West Virginia for Leave to File Amended and Supplemental Complaint; the Clerk is d irected to file the Amended and Supplemental Complaint (ECF No. 144-1); Plaintiffs are to effect service; any response is due within the time provided by the Federal Rules of Civil Procedure. Signed by Judge Joseph R. Goodwin on 2/3/2026. (cc: counsel of record; any unrepresented party) (kew)

Feb. 3, 2026

Feb. 3, 2026

RECAP

Case Details

State / Territory:

West Virginia

Case Type(s):

Disability Rights

Education

Key Dates

Filing Date: March 20, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two blind students, the National Federation for the Blind (NFB), NFB - West Virginia

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

West Virginia University (Morgantown, Monongalia), None

Defendant Type(s):

College/University

Facility Type(s):

Government-run

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Other Dockets:

Southern District of West Virginia 2:25-cv-00182

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Disability and Disability Rights:

Reasonable Accommodations

Reasonable Modifications

Visual impairment

Discrimination Area:

Disparate Impact

Disparate Treatment

Discrimination Basis:

Disability (inc. reasonable accommodations)