Duncan Morgen-Westrick v. Pennsylvania State University ( 2023 )

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 22-2767
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DUNCAN MORGEN-WESTRICK,
Appellant
v.
PENNSYLVANIA STATE UNIVERSITY
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On Appeal from United States District Court
for the Eastern District of Pennsylvania
(D.C. No. 2-20-cv-03335)
District Judge: Honorable Cynthia M. Rufe
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Submitted Pursuant to Third Circuit L.A.R. 34.1(a) on
September 19, 2023
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Before: RESTREPO, McKEE, RENDELL Circuit Judges
(Opinion filed: October 4, 2023)
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OPINION
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
This disposition is not an opinion of the full Court and under I.O.P. 5.7 does not
constitute binding precedent.
McKEE, Circuit Judge.
Duncan Morgen-Westrick appeals the District Court’s grant of summary judgment
to Pennsylvania State University in this dispute over a grade he received in a course he
took at the defendant university. Morgen-Westrick contends that he was “constructively
discharged over failure to carry out defendant’s promises to provide reasonable
accommodation” for him. Appellant’s Br. at 3. He asserts claims under the Americans
with Disabilities Act, 42 U.S.C. § 12101 et seq., and for breach of contract, promissory
estoppel, and due process violations. Essentially, the grade given to Morgen-Westrick,
after extensions were provided for him to complete assignments, was below the grade he
needed to be reimbursed by his employer for his tuition, which limited his ability to
pursue a master’s degree.
In her detailed and thoughtful opinion, Judge Rufe carefully and clearly explained
her reasons for granting summary judgment for Pennsylvania State University in this case
arising from the disputed grade.1 We can add little to Judge Rufe’s analysis and
discussion and we will therefore affirm the District Court’s order substantially for the
reasons set forth in that opinion.
1
See Morgen-Westrick v. Pa. State Univ., No. 2-20-cv-03335, 2022 WL 3691014 (E.D.
Pa. Aug. 25, 2022).
2