Ted Frank, at Overlawyered, reports the delightful case of Thomas Joseph Bentey, a first year student at St. Thomas University School of Law, who was dismissed (over his own objection) in May of 2006 for failing to maintain a 2.5 GPA.
The astute Mr. Bentey responded by bringing a federal class action lawsuit against St. Thomas Law School, the Catholic Archdiocese of Miami (owner & operator of the law school), and a variety of school officials and administrators for accepting large numbers of students only later to cull out nearly 30% of first- and second-year students for low GPAs, in order to improve the law school’s bar examination passing percentage. Mr. Bentey alleges that the school is “culling” students it should not have admitted in the first place, since they should not be accepting students who do not have a reasonable prospect of completing law school. So, in essence, he’s suing his law school for admitting as poor a student as himself in the first place.
Bentey is also suing the American Bar Association Section of Legal Education and Admission to the Bar and the United States Department of Education for failing to adequately oversee the school by not detecting the alleged scheme and by not taking the necessary action to enforce the ABA accreditation standard which requires that law schools admit only applicants who appear capable of completing their programs and being admitted to the bar.
He got 2 B’s in Torts. They should certainly upgrade those to A’s.