784 F. Supp. 2d 1247
M.D. Ala.2011Background
- Ms. H filed a § 504 claim on behalf of her daughter T.H. and moved for class certification; cross motions for summary judgment followed.
- The Board operates Montgomery Public Schools and maintains a § 504 Procedural Guide governing evaluations, accommodations, and disputes.
- T.H. had a history of disabilities (ADD/ADHD, bladder issues, mitral valve prolapse) and received § 504 plans annually from middle school onward.
- Ms. H challenges the Board’s adherence to § 504 procedures and the effectiveness of accommodations; the Board attributes poor grades to absences, discipline, and home conflicts.
- Prior rulings held T.H. was not IDEA-eligible; the current dispute concerns § 504 compliance and damages, with class relief moot due to standing.
- The court dismissed the proposed class claims for lack of standing, denied class certification as moot, and denied cross motions for summary judgment on the § 504 issues, allowing trial on Ms. H’s individual § 504 claim and fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to certify the class | Hadequate standing to represent the class | No redressable injury for class relief; moot as to T.H. | Class claims dismissed for lack of standing |
| Damages under § 504 for intentionally discriminatory conduct | Board's deliberate indifference violated § 504, supporting damages | Need for deliberate indifference; insufficient evidence of discrimination | Genuine issues of material fact; summary judgment denied |
| Declaratory and injunctive relief under § 504 | Request for ongoing relief to enforce § 504 procedures | Unclear standard; moot as to class, procedural relief uncertain | Summary judgment denied; court to decide standard at trial |
| Regulatory violations as evidence of deliberate indifference | Regulatory noncompliance supports deliberate indifference | Minor procedural gaps do not establish deliberate indifference | Violations considered but not dispositive; still requires proof of deliberate indifference |
Key Cases Cited
- Griffin v. Dugger, 823 F.2d 1476 (11th Cir.1987) (standing as threshold inquiry before Rule 23 analysis)
- AT&T Mobility, LLC v. Nat'l Ass'n for Stock Car Auto Racing, Inc., 494 F.3d 1356 (11th Cir.2007) (standing as threshold jurisdictional issue)
- Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (summary judgment standard and burden-shifting)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (courts must view evidence in the light most favorable to the nonmovant)
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) (standing requirements and redressability)
- Monahan v. Nebraska, 687 F.2d 1164 (8th Cir.1982) (private § 504 claims require bad faith or gross misjudgment; high bar)
- Sellers by Sellers v. Sch. Bd. of Mannassas, Va., 141 F.3d 524 (4th Cir.1998) (private § 504 actions reluctant to impose mere regulatory violations)
- W.C. ex rel. Sue C. v. Cobb Cnty. Sch. Dist., 407 F. Supp. 2d 1351 (N.D. Ga.2005) (deliberate indifference standard in § 504 context)