608 F. App'x 217
5th Cir.2015Background
- A.N. attended MISD from kindergarten through seventh grade, then withdrew due to harassment.
- Dispute over whether A.N. has a form of Tourette Syndrome; parents provided doctor letter and notes indicating a tic disorder.
- Plaintiffs alleged repeated bullying based on disability, including name-calling and mistreatment by teachers.
- MISD claimed it was unaware of the disorder; MISD presented disciplinary actions and described teacher responses as otherwise appropriate.
- Plaintiffs sued MISD under the ADA and Section 504; MISD moved for summary judgment arguing lack of deliberate indifference and other elements.
- The district court granted summary judgment; on appeal, only the deliberate indifference and intentional discrimination issues were litigated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether MISD was deliberately indifferent to peer harassment based on disability | Nevillses: harassment based on disability; school failed to respond adequately. | MISD: actions taken; discipline and anti-bullying measures show non-indifference. | No genuine dispute; MISD not deliberately indifferent. |
| Whether there is evidence of intentional discrimination based on disability | Discipline aimed at A.N. due to disability; discriminatory intent shown by actions. | Punishments based on behavior, not disability; no discriminatory motive proved. | Insufficient evidence of intentional discrimination. |
Key Cases Cited
- Estate of Lance v. Lewisville ISD, 743 F.3d 982 (5th Cir. 2014) (sets five-part framework for peer-to-peer harassment with deliberate indifference at core)
- Davis v. Monroe Cnty. Bd. of Educ., 526 U.S. 629 (U.S. 1999) (standard for harassment creating hostile environment; school liability threshold)
- Hainze v. Richards, 207 F.3d 795 (5th Cir. 2000) (deliberate-indifference standard does not require perfect purging of misconduct)
- Hale v. King, 642 F.3d 492 (5th Cir. 2011) (disability-based discrimination elements in public accommodations/education context)
- Delano-Pyle v. Victoria Cnty., Tex., 302 F.3d 567 (5th Cir. 2002) (damages require showing of intentional discrimination)