Contained in this lawsuit, submitted on the , the fresh new plaintiffs, A great.C., J.C., and B.C. (together described as “the new plaintiffs”), claim that the accused, the latest Shelby Condition Board out of Studies (“SCBE”), by and and their teams, unlawfully retaliated against the plaintiffs inside the pass out-of Part 504 off the new Rehabilitation Operate (“Point 504”), 29 You.S.C. § 794, and you may Label II of the Western having Disabilities Work (“ADA”), 42 You.S.C. § 12203. The latest events provides consented to the newest jurisdiction of one’s All of us Magistrate Legal. Till the court are SCBE’s actions for conclusion judgment regarding the plaintiffs’ states. Towards factors you to realize, the newest court finds zero affairs out of material facts hence SCBE are eligible to wisdom because the a question of law.
I. Undeniable Items
Into the purposes of the fresh new conclusion wisdom actions, new courtroom discovers another activities undisputed. A.C. is actually an old scholar from Bon Lin Elementary College (“Bon Lin”), a college manage because of the SCBE. (D.Age. twenty five, at step one.) An excellent.C. was seven-years of age features Method of 1 diabetes and good peanut allergic reaction. (D.E. 25, during the 5.) B.C. and J.C. is actually An effective.C.is the reason father and mother correspondingly. (D.E. twenty-five, at the 2.) While you are An effective.C. attended Bon Lin, Kay Williams (“Williams”) is the main and you can Tom McClellan (“McClellan”) try the fresh secretary dominant and you may Point 504 planner. (D.Age. 30-4, at the 27-28; D.E. 30-5, during the 20.)
Within the , in advance of A good.C. went to preschool, Bon Lin didn’t have a nurse towards professionals to care to own an application 1 diabetic kid or a formal Custom Fitness Plan (“IHP”) to cope with A great.C.is the reason medical condition. (D.E. 35-10, at the 2-4.) To treat which, A great.C.is why moms and dads made an effort to get in touch with the fresh Shelby County Wellness Service (“SCHD”), that provides breastfeeding qualities so you can SCBE schools. (D.Elizabeth. 35-ten, at the 2-3.) While a formal bundle was not accompanied, a couple SCHD nurses, Barbara Duddy (“Nursing assistant Duddy”) and you will Constance Brown (“Nursing assistant Brown”) visited the latest plaintiffs’ household, that has been the method your the brand new beginner having a handicap. (D.E. 30-5, from the step three.) J.C. questioned numerous apartments, and a complete-big date nursing assistant getting Bon Lin which Bon Lin be a great peanut-totally free school. (D.E. 30-5, during the 3, nine.) At this conference, it actually was including felt like you to J.C., which failed to functions beyond your household, perform initially sit in college or university having A good.C. so you can acquaint this new breastfeeding team with A beneficial.C.’s insulin pump. (D.Elizabeth. 30-5, on 3, 9.)
A.C., by the lady second pal and you may Mother, J.C., this lady dad, B.C., and J.C. and you may B.C., the mother and father, Truly, Plaintiffs, v. SHELBY State Panel Off Training, Accused
*789 Since , SCHD school nurse assignments got already been designed for the particular SCBE universities. (D.E. 30-5, on nine.) Ahead of , SCHD structured for the position an associate-go out nursing assistant inside the Bon Lin; however, Maura Sullivan (“Sullivan”), the fresh SCBE secretary superintendent, additionally the SCHD later involved a contract to put good full-day nurse within Bon Lin. (D.E. 30-5, at the 9.) Whenever college or university began, zero nurse is commercially allotted to the institution. (D.Elizabeth. 30-5. At the nine; D.Age. 35-10, within dos.) Up until a nursing assistant would-be assigned to the school, two SCHD nurses, Nurse Duddy and you may Nurse Brown, was basically temporarily allotted to Bon Lin. (D.Age. 30-5, in the nine.) Unbeknownst to people in the Bon Lin, J.C. filed a grievance towards Work environment of Civil rights into due to the fact she thought that Bon Lin, SCBE, as well as the SCHD just weren’t acceptably responding to the girl expected accommodations getting A beneficial.C. (D.E. 35-nine, at the 3.)
On s intended to exit a good voicemail message getting Nurse Duddy on her behalf cellular telephone; yet not, Williams actually remaining the content on J.C.is why cell phone by accident. (D.Age. 26, at six.) The message are the following:
(D.Age. twenty six, in the six.) Williams made in their deposition that this content is depending her frustration with J.C. during the start of school 12 months. (D.Age. 30-cuatro, from the 35-thirty-six.) Williams informed me that, when she thought that a binding agreement concerning An excellent.C.’s rentals was actually hit, J.C. would phone call and touch upon the master plan otherwise change the girl standards regarding your assented-upon leases. (D.Age. 30-4, at thirty-five-thirty six.)