101 F.4th 169
2d Cir.2024Background
- Jason Doherty, a former student with Asperger Syndrome, attended Purchase College, SUNY.
- During freshman orientation in August 2017, three students requested no-contact orders against Doherty following a dormitory altercation.
- Doherty alleged that the school's issuance of these orders was discriminatory based on his disability.
- He filed suit under the ADA and § 1983 for declaratory, injunctive, and emotional distress damages against college administrators.
- The district court dismissed his § 1983 claims and later granted judgment on the pleadings for the defendants on the ADA claims—finding declaratory/injunctive relief moot and emotional distress damages unavailable as a matter of law.
- Doherty appealed, contending these legal conclusions were wrong and that he should be permitted to assert economic or nominal damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mootness of Declaratory/Injunctive Relief | No-contact orders could affect future prospects, so relief needed | No-contact orders are not disciplinary, not on record, now expired | Relief moot: orders not on record, expired |
| Emotional Distress Damages under ADA | Available under Title II of ADA; ADA not Spending Clause law | Not available: ADA incorporates Rehabilitation Act (per Cummings) | Not available: ADA tracks Rehabilitation Act |
| Availability of Economic/Nominal Damages | Should be permitted to assert them on appeal | Doherty expressly disavowed other damages throughout litigation | Forfeited: never properly asserted below |
| Capable of Repetition Exception | College process could recur, exception to mootness applies | No likelihood Doherty will resubmit to process, not representative | Exception does not apply; mootness stands |
Key Cases Cited
- Cummings v. Premier Rehab Keller, P.L.L.C., 596 U.S. 212 (2022) (Supreme Court holds emotional distress damages unavailable under Rehabilitation Act and similarly-structured statutes)
- Barnes v. Gorman, 536 U.S. 181 (2002) (Supreme Court holds punitive damages not available under Title II of ADA or Rehabilitation Act)
- Already, LLC v. Nike, Inc., 568 U.S. 85 (2013) (Mootness doctrine: case is not live if there is no legally cognizable interest in outcome)
- Fox v. Bd. of Trs. of State Univ. of N.Y., 42 F.3d 135 (2d Cir. 1994) (Declaratory/injunctive relief is moot when orders have expired and have no continuing effect)