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Richmond, Va. (AP)—Carin Manders Constantine flunked constitutional law at George Mason University School of Law after she came down with a migraine during the final exam and law school officials balked at giving her another chance. So she took her professor and his bosses to court, alleging disability discrimination and unconstitutional retaliation after she wrote about her plight in the law school newspaper. This time, the 4th U.S. Circuit Court of Appeals ruled, she aced the test. Ruling last week in Constantine v. Rectors and Visitors, a three-judge panel of the appeals court unanimously reinstated Constantine’s lawsuit. U.S. District Judge Claude M. Hilton had dismissed the lawsuit, but the 4th Circuit panel sent the case back to Hilton for further proceedings. “I’m ecstatic,” said Constantine’s attorney, Michael Jackson Beattie of Fairfax County, Va. “It doesn’t mean she wins, but it gives her a chance to prove her case. The university has to respond; it has to bring evidence and defend its actions,” he said. “I think that this is a huge step forward for everybody that has a disability . . . for everybody in the United States that’s seeking an education that happens to have a disability,” Constantine said after hearing about the decision. “I think that the 4th Circuit is saying to institutions that you have to accommodate students.” Beattie said he expected the Virginia Attorney General’s Office, which represented the public university, to either ask the full 4th Circuit to review the ruling or appeal to the U.S. Supreme Court. “We’re reviewing the court’s decision and considering our options,” said Emily Lucier, spokeswoman for Attorney General Judith Williams Jagdmann. She declined further comment.

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