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Civil Rights
ADA
Injunctive Relief

Tamara Michai Freeman v. John F. Kennedy University

Published: Sep. 11, 2010 | Result Date: Jun. 18, 2010 | Filing Date: Jan. 1, 1900 |

Case number: CV-09-1839-EMC Settlement –  $155,500 (plus injunctive relief)

Court

USDC Northern


Attorneys

Plaintiff

Timothy S. Thimesch

Gene A. Farber


Defendant

Daniel R. Friedenthal
(Friedenthal, Heffernan & Brown LLP)

Eric S. Ritigstein
(Boxer & Gerson LLP)


Facts

Plaintiff Tamara Michai Freeman, a Holistic Studies student uses a wheelchair due to quadriplegia. She filed suit against defendant John F. Kennedy University, alleging she was denied disabled access to facilities at the Berkeley and Pleasant Hill Campuses.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the Berkeley Campus failed to provide a compliant means of vertical access to the main entrance and that the Pleasant Hill Campus failed to provide basic access to classroom facilities, including the school's herb garden.

DEFENDANT'S CONTENTIONS:
Defendants denied any ADA violations and stated they had plans to repaint the parking lot on their own accord.

Injuries

Freeman alleged bodily injury, statutory damages, and lost income potential due to the inhibition of her educational and professional advancement.

Result

The case settled cooperatively at a settlement conference before Hon. Elizabeth D. Laporte for full injunctive relief to remediate all access deficiencies alleged at the two campuses, $82,000 in statutory damages, and $73,500 in reasonable statutory attorney's fees, litigation expenses and costs, for a total settlement of $155,500.

Other Information

FILING DATE: May 7, 2009.


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