Corrina Weidow v. Scranton Sch Dist
460 F. App'x 181
3rd Cir.2012Background
- Weidow has bipolar disorder with depressive episodes and cognitive/social/occupational limits diagnosed by a psychiatrist in 2004.
- Her harassment by school peers began in 2004-2005, escalating to threats and leading to suspensions and transfers between districts.
- Weidow repeatedly notified school officials; harassment recurred at Scranton High School, including insults and threats by fellow students.
- Weidow completed high school with homebound instruction at times and later pursued college education, while continuing treatment.
- In 2008, Weidow filed suit alleging ADA and Rehabilitation Act discrimination; the district court granted summary judgment.
- The district court found that any limitations were attributable to harassment rather than bipolar disorder and that the alleged impairments were not substantially limiting.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether bipolar disorder substantially limits a major life activity | Weidow has impairments that substantially limit interactions, self-care, concentration, and sleep. | Harassment, not bipolar disorder, caused the limitations; no substantial limitation shown. | No substantial limitation shown; affirmed summary judgment. |
| Whether harassment evidence can support disability-based discrimination claims | Discrimination occurred due to disability as evidenced by persistent harassment. | Harassment does not prove a disability-based discrimination without substantial limitation. | Claims fail; no triable issue on disability discrimination under ADA/Rehabilitation Act. |
Key Cases Cited
- Yeskey v. Commonwealth of Pa. Dep’t of Corr., 118 F.3d 168 (3d Cir. 1997) (ADA and Rehabilitation Act claims intertwined)
- Toyota Motor Mfg., Ky., Inc. v. Williams, 534 U.S. 184 (U.S. 2002) (substantial limitation standard for disability)
- Taylor v. Phoenixville Sch. Dist., 184 F.3d 296 (3d Cir. 1999) (reversal on bipolar disorder substantially limiting major life activity)
- Andrew M. v. Del. Cnty. Office of Mental Health and Mental Retardation, 490 F.3d 337 (3d Cir. 2007) (application of Rehabilitation Act with ADA parity)
- Ridgewood Bd. of Ed. v. N.E. ex rel. M.E., 172 F.3d 238 (3d Cir. 1997) (cited approach to disability discrimination standards)
- Colwell v. Rite Aid Corp., 602 F.3d 495 (3d Cir. 2010) (ADAA non-retroactivity and disability interpretation)