A.L. v. Ann Arbor Public Schools
4:10-cv-10354
E.D. Mich.Jan 11, 2011Background
- A.L. is a special education student who alleges disability discrimination and related claims arising from removal of an adult escort and from a sexual assault at a public high school.
- The assault occurred in May 2009 at Huron High School after which A.L. reported the incident to police and experienced substantial emotional distress.
- The school district had previously provided an adult escort due to A.L.’s documented needs, but the escort was later removed.
- A.L. and her parents participated in a state IDEA due process proceeding; a settlement was later reached in April 2010 releasing the district from IDEA-related claims.
- Plaintiff filed suit in January 2010 asserting ADA, Rehabilitation Act, PWDCRA, and §1983 claims; Defendants moved to dismiss, converting to summary judgment.
- The court granted in part and denied in part, dismissing the §1983 and PWDCRA claims but letting the ADA and Rehabilitation Act claims proceed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was exhaustion of IDEA administrative remedies required? | Covington futility applies due to graduation and limited remedies. | Exhaustion required for IDEA-related relief before federal action. | Exhaustion futile; Covington controls; §1983/monetary relief allowed |
| Does the April 2010 release bar the federal claims? | Release does not clearly cover non-IDEA, federal claims. | Release language broad enough to bar claims arising from the proceedings. | Genuine factual dispute; release not conclusively bar the claims |
| Do A.L.'s § 1983 claims survive? | State-created danger theory supports § 1983 liability. | No plausible state-created-danger claim given the pleadings. | § 1983 claim dismissed for lack of state culpability and affirmative act |
| Is Hein entitled to qualified immunity on the § 1983 claim? | §1983 violation established against Hein. | Qualified immunity applies where no constitutional violation shown. | Qualified immunity granted; no constitutional violation shown |
| Are A.L.'s claims under the Michigan PWDCRA precluded by MMSEA? | PWDCRA provides broader remedies; not precluded. | MMSEA precludes PWDCRA claims when they arise from IEP-related issues. | PWDCRA claims precluded by MMSEA under Miller and Woolcott doctrine |
Key Cases Cited
- Covington v. Knox County Sch. Sys., 205 F.3d 912 (6th Cir. 2000) (exhaustion futile when monetary damages only remedy after graduation)
- Doe v. Smith, 879 F.2d 1340 (6th Cir. 1989) (exhaustion requirements for IDEA-related actions)
- Kallstrom v. City of Columbus, 136 F.3d 1055 (6th Cir. 1998) (state-created-danger theory and due process limitations)
- McQueen v. Beecher Cmty. Schs., 433 F.3d 460 (6th Cir. 2006) (state-created-danger three-part test and culpability standard)
- Woolcott v. State Bd. of Educ., 351 N.W.2d 601 (Mich. Ct. App. 1984) (MMSEA vs PWDCRA distinction; special vs general remedies)
- Miller ex rel. Miller v. Lord, 686 N.W.2d 800 (Mich. Ct. App. 2004) (PWDCRA preclusion when issue addressed in IEP proceedings)