Facts

Plaintiff middle school student and guardian ad litem parent alleged that defendant school district failed to accommodate the student under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act in connection with student's health issues during student's tenure at middle school in Tarzana. Student and parent additionally alleged retaliation arising from their advocacy for student's rights after school officials contacted the Department of Children and Family Services over concerns about student's health issues.

PLAINTIFF'S CONTENTIONS: Plaintiff middle school student and parent alleged that defendant school district failed to accommodate student in connection with student's issues during student's tenure at middle school, and student and parent additionally alleged retaliation for their advocacy for a failure to accommodate when school officials contacted the Department of Child Family Services over concerns about student's health issues. Plaintiffs alleged damages in the form of emotional distress and entitlement to damages for the school district's alleged deliberate indifference towards plaintiff student.

DEFENDANT'S CONTENTIONS: Defendant school district denied any failure to accommodate, and denied any retaliation. Defendant contended that its conduct at all times accommodated plaintiff student, and contacting the Department of Children and Family Services over concerns of neglect were reasonable and proper under the circumstances.

Damages

Plaintiffs alleged damages in the form of emotional distress and entitlement to damages for the school district's alleged deliberate indifference toward plaintiff student.

Result

Defense verdict for defendant (8-0) on two retaliation claims under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act; deadlocked jury verdict (4-4) on Failure to Accommodate claim under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. The court declared a mistrial on the failure to accommodate claim.

Deliberation

1 day (approximately)

Poll

8-0 (on two claims for retaliation); 4-4 (failure to accommodate claim).

Length

4.5 days