J.G., by and through his guardian ad litems, Martha F. and Jose G. v. Los Angeles Unified School District
Published: Oct. 6, 2023 | Result Date: Feb. 22, 2023 | Filing Date: Feb. 20, 2019 |Case number: 2:19-cv-01268-JGB (Ex) Bench Decision – $0
Judge
Court
CD CA
Attorneys
Plaintiff
Wilmer J. Harris
(Schonbrun Seplow Harris Hoffman & Zeldes)
Surisa E. Rivers
(Rivers Law, Inc.)
Defendant
Matthew R. Hicks
(BDG Law Group)
Facts
Plaintiff, a special needs student with Down syndrome, alleged that defendant Los Angeles Unified School District violated his Americans with Disabilities Act and Section 504 of the Rehabilitation Act rights by LAUSD allegedly not integrating plaintiff properly into a general education population (unlawfully segregated him); failing to provide effective communication, and failing to provide the proper assessments, arising from his time at Lowman Special Education Center from kindergarten through twelfth grade.
Contentions
DEFENDANT'S CONTENTIONS: Defendant LAUSD denied all of the allegations and denied all liability.
Damages
Plaintiff sought $1,312,000 in damages.
Result
The court's bench decision found that LAUSD was at fault for not properly integrating plaintiff during his twelfth grade year (2018-2019), found no other liability on any of the other claims, and found plaintiff was not entitled to any damages.
Other Information
Following the decision, plaintiff's counsel filed a motion for attorney's fees seeking $750,000. The court denied plaintiff's motion for attorney's fees. Plaintiff's counsel has appealed the denial of the motion for attorney's fees ruling but not the bench decision. Plaintiff is now pursuing relief in state court, seeking to use the federal court finding as collateral estoppel in the state court litigation to establish liability there.
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