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Supreme Court Sides with Drake University in Service Dog Lawsuit

Posted May 9th, 2014 @ 9:12am

The Iowa Supreme Court today reversed a lower court decision that said a former Drake University student could sue the school for prohibiting her from bring a service dog in training into a classroom. 

Nicole Shumate is a service dog trainer and filed suit against the school after it denied her request to have a service dog in training accompany her in her class.

Polk County Judge Eliza Ovrom sided with Drake when she dismissed the suit but the Iowa Court of Appeals reinstated it saying Shumate had a right to sue the school under state law.

But the supreme court has overturned the appealate court decision the supreme court has overturned the appealate court decision saying the chapter of the Iowa Code in question does not provide for a private right to sue as Shumate claimed and to imply such a right existed would circumvent procedures of the Iowa Civil Rights Act

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