Luciano v. East Central Board of Cooperative Educational Services
885 F. Supp. 2d 1063
D. Colo.2012Background
- J.S., a 14-year-old with severe disabilities, attended ECBOCES-administered special education in Limón after moving from Genoa, Colorado.
- Parents alleged J.S. faced inaccessible facilities and a lack of appropriate services, prompting IDEA/504/Title II complaints.
- Settlement in February 2011 released IDEA and some ADA/504 claims in exchange for cash and services, with exceptions noted for monetary relief and moving-related costs.
- Plaintiffs filed suit April 15, 2011 asserting 504/Title II discrimination and breach of contract; later narrowed to access-related claims and damages.
- The court resolved five pre-trial motions, including expert admissibility challenges and a partial summary judgment on several claims; trial set for July 30, 2012.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Burke expert testimony on law | Burke qualified on ADA compliance; her legal conclusions help jury | Opinions instruct the law, improper; not a proper expert on law | Limited admission; law-instruction portions excluded |
| Admissibility of Cason expert testimony | Cason should be allowed; reliable clinical psychologist | Cason relies too heavily on non-expert sources; not qualified for certain links | Denied as to overall admissibility; trial-ready with weight to be contested |
| Admissibility of Reiley expert testimony on autism | Autism diagnosis relevant to aid in program decisions | Record review alone insufficient for autism diagnosis; weight negotiable | Denied with exceptions; some opinions excluded |
| Admissibility of Waters critique of Cason | Waters provides legitimate critique of Cason’s methods | No improper credibility determinations; appropriate rebuttal | Denied; rebuttal testimony allowed within limits |
| Summary judgment on §504/Title II and release scope | Discrimination shown; release did not bar monetary relief for moving-related costs | Release and March 2010 agreement bar some claims; moving costs preserved by later IDEA settlement | Partial grant/partial denial: no dismissal of §504/Title II claims; breach of contract dismissed with prejudice |
Key Cases Cited
- Specht v. Jensen, 853 F.2d 805 (10th Cir.1988) (instruction on the law improper for expert testimony)
- Zuchel v. City and County of Denver, 997 F.2d 730 (10th Cir.1993) (distinguishes Specht; allowance of expert on standards in other fields)
- Greer v. Richardson Indep. Sch. Dist., 752 F.Supp.2d 746 (N.D.Tex.2010) (authority supporting expert ADA compliance opinions)
- U.S. Aviation Underwriters, Inc. v. Pilatus, 582 F.3d 1131 (10th Cir.2009) (Daubert gatekeeping; flexibility in expert admissibility)
- Cook v. Rockwell Intern. Corp., 580 F.Supp.2d 1071 (D.Colo.2006) (liberal standard for admissibility of expert testimony under Rule 702)
- Nacchio v. United States, 555 F.3d 1234 (10th Cir.2009) (Daubert gatekeeping and admissibility framework)