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Order Granting DEFENDANT’S Action For Summation Judgment

Order Granting DEFENDANT’S Action For Summation Judgment Sacramento local hookup

Within this lawsuit, submitted on the , the fresh plaintiffs, An excellent.C., J.C., and you may B.C. (collectively also known as “the new plaintiffs”), claim that the defendant, the brand new Shelby Condition Board of Education (“SCBE”), from the and you will the help of its teams, unlawfully retaliated up against the plaintiffs inside the pass of Point 504 regarding the latest Rehabilitation Work (“Point 504”), 29 U.S.C. § 794, and you will Label II of your Western with Disabilities Act (“ADA”), 42 U.S.C. § 12203. The new parties possess approved the fresh jurisdiction of the All of us Magistrate Judge. Until the judge is actually SCBE’s action having bottom line judgment regarding the plaintiffs’ claims. Towards grounds that realize, this new court finds no situations regarding procedure fact and therefore SCBE is actually eligible to wisdom due to the fact a question of legislation.

I. Undisputed Affairs

On the reason for the fresh new bottom line judgment action, the legal finds out the second activities undeniable. A.C. is actually a former pupil of Bon Lin Primary College or university (“Bon Lin”), a school operate by SCBE. (D.Age. 25, from the step one.) A good.C. try seven-yrs . old and has now Type of 1 all forms of diabetes and you will a good peanut allergy. (D.E. twenty-five, from the 5.) B.C. and you will J.C. was An why parents respectively. (D.Age. twenty-five, during the dos.) When you are An effective.C. went to Bon Lin, Kay Williams (“Williams”) is the main and you may Tom McClellan (“McClellan”) is the brand new secretary principal and you can Area 504 coordinator. (D.Age. 30-cuatro, within twenty-seven-28; D.Age. 30-5, on 20.)

Within the , prior to An excellent.C. went to preschool, Bon Lin didn’t have a nursing assistant on employees so you’re able to worry to possess a form 1 diabetic guy otherwise a proper Individualized Fitness Package (“IHP”) to handle A the reason health issue. (D.E. 35-ten, at the dos-4.) To treat so it, A the reason parents attempted to contact new Shelby State Health Company (“SCHD”), which provides breastfeeding features so you can SCBE universities. (D.E. 35-10, from the 2-step 3.) While an official package wasn’t followed, a couple SCHD nurses, Barbara Duddy (“Nursing assistant Duddy”) and you will Constance Brown (“Nursing assistant Brown”) visited brand new plaintiffs’ family, that was the process for the new college student with a disability. (D.Age. 30-5, in the step three.) J.C. questioned multiple accommodations, as well as a full-big date nurse to own Bon Lin which Bon Lin getting a good peanut-100 % free university. (D.Elizabeth. 30-5, at the step 3, 9.) At that appointment, it had been plus decided one J.C., which failed to performs outside of the domestic, carry out 1st sit-in university which have An effective.C. so you can acquaint the brand new breastfeeding group with A the reason insulin pump. (D.E. 30-5, in the step three, 9.)

An effective.C., by the the girl second pal and you can Mommy, J.C., this lady father, B.C., and you will J.C. and you can B.C., the parents, Really, Plaintiffs, v. SHELBY County Board Out-of Studies, Offender

*789 By , SCHD school nurse projects had been created for the newest particular SCBE colleges. (D.Elizabeth. 30-5, from the nine.) Just before , SCHD arranged on the setting a part-go out nurse within the Bon Lin; however, Maura Sullivan (“Sullivan”), the latest SCBE assistant superintendent, as well as the SCHD afterwards came to an agreement to place an effective full-time nurse in the Bon Lin. (D.Elizabeth. 30-5, on nine.) When college or university first started, no nursing assistant had been officially allotted to the school. (D.Elizabeth. 30-5. Within nine; D.E. 35-ten, at 2.) Up to a nursing assistant could be allotted to the school, a couple SCHD nurses, Nurse Duddy and you will Nurse Brown, was basically temporarily assigned to Bon Lin. (D.Elizabeth. 30-5, in the 9.) Unbeknownst to people during the Bon Lin, J.C. filed a grievance toward Workplace away from Civil-rights to your once the she considered that Bon Lin, SCBE, in addition to SCHD just weren’t sufficiently giving an answer to their asked rentals having An excellent.C. (D.Age. 35-9, at step 3.)

To the s meant to exit an effective voicemail content for Nurse Duddy on her cellular telephone; however, Williams in reality remaining the message toward why cellular telephone accidentally. (D.Age. 26, in the 6.) The message try the following:

(D.Elizabeth. twenty six, on 6.) Williams made in the lady deposition this message are dependent the lady anger having J.C. for the start of college seasons. (D.E. 30-4, from the 35-36.) Williams told me you to definitely, when she thought that a binding agreement towards An effective.C.’s the reason leases had been reached, J.C. carry out phone call and you may discuss the program otherwise alter the girl traditional concerning your decided-upon leases. (D.Elizabeth. 30-cuatro, in the 35-thirty-six.)

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