Patricia N. v. Lemahieu
| Decision Date | 29 May 2001 |
| Docket Number | No. CV. 00-00252DAE/LEK.,CV. 00-00252DAE/LEK. |
| Citation | 141 F.Supp.2d 1243 |
| Parties | PATRICIA N. and Guy N., Individually and as Guardians Ad Litem of Amber N., a minor, Plaintiffs, v. Paul LEMAHIEU, in his official capacity as Superintendent of the Hawaii Public Schools; Beth Schimmelfennig, in her official capacity as an Education Specialist; Phyllis Ida, in her official capacity as an employee of the Department of Education, State of Hawaii; and Department of Education, State of Hawaii, Defendants. |
| Court | U.S. District Court — District of Hawaii |
Russell A. Suzuki, Department of the Attorney General, Education Division, Honolulu, HI, for Paul Lemahieu, Beth Schimmelfennig, Phyllis Ida.
Russell A. Suzuki, Department of the Attorney General, Education Division, Honolulu, HI, Aaron H. Schulaner, Department of the Attorney General, Education Division, Honolulu, HI, for Department of Education, State of Hawaii.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS OR IN THE ALTERNATIVE FOR SUMMARY JUDGMENT AND GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT
The court heard the parties' motions on May 25, 2001. Stanley E. Levin, Esq., and Anne L. Williams, Esq., appeared on the briefs or at the hearing on behalf of Plaintiffs; Deputy Attorney General Aaron Schulaner appeared on the briefs or at the hearing on behalf of Defendants. After reviewing the motions and the supporting and opposing memoranda, the court GRANTS IN PART AND DENIES IN PART Defendants' Motion to Dismiss or in the Alternative for Summary Judgment. Specifically, the court DENIES Defendants' Motion to Dismiss on all grounds it raises, except that it GRANTS the Motion with respect to the § 1983 claims alleged, which must be dismissed. The court GRANTS IN PART AND DENIES IN PART Plaintiffs' Motion for Summary Judgment. Specifically, the court finds that Defendants are precluded from relitigating certain narrow issues (as discussed infra), but that Plaintiffs are not entitled to judgment as a matter of law on the issue of liability.
Plaintiff Amber N. ("Amber") is six years old and has been diagnosed with autism. As such, she is entitled to a Free and Appropriate Public Education ("FAPE") under the Individuals with Disabilities in Education Act ("IDEA"), 20 U.S.C. § 1415 et seq. Amber's Individualized Education Program ("IEP") consists of a part day at school, and then intensive home treatment. Concerned that Amber was not receiving all the things to which she was entitled in order to implement the home treatment program (including curriculum, equipment, supplies, etc.), her parents contacted Autism Partnership to help create the home program. They allege that they had numerous contacts with Defendants in which they explained the severe financial and emotional hardship they suffered as a result of Defendants' alleged failure to comply with the IEP requirements.1 Thereafter (after learning of their rights under the IDEA from another family in July 1999), they requested an administrative hearing on August 30, 1999.
In October 1999, the administrative hearing was held, and in February 2000, a decision was rendered. The decision presented the following issues and answers:
1. Has the Petitioner (Amber) received a Free Appropriate Public Education? NO
2. Has the Petitioner received an appropriate Notice of FAPE? NO
3. Can the Petitioner be reimbursed for their (sic) expenses? YES
4. Can Petitioner request future expenses? YES
5. How long is Petitioner entitled to funding? The specific length of time is yet to be determined.
See "Decision and Order" at 2 (attached to Plaintiffs' Motion as Exhibit 1). It ordered that:
1. Petitioner and Respondent shall promptly convene an IEP meeting. The DOE is to submit a program and services to provide FAPE to the Student. Specifically, the IEP shall determine whether Autism Partnership and its associated costs will continue to be part of the Student's home program.
2. Respondent shall reimburse Petitioner a total of $13771.88. This amount covers all reimbursable expenses up to July 1, 1999.
See "Decision and Order" at 13. As a result of the hearing and decision, Plaintiffs were reimbursed for the direct out-of-pocket expenses they provided in furtherance of Amber's home program. Defendants did not appeal the administrative ruling.
On April 4, 2000, Plaintiffs filed a Complaint in this court, seeking "compensation for the full range of damages they have suffered, including lost wages and damages for emotional distress, all resulting from the wrongs committed by the DOE." See "Plaintiffs' Motion for Partial Summary Judgment" at 8. On January 17, 2001. Defendants filed a Motion to Dismiss or in the Alternative for Summary Judgment. In it, they make numerous arguments, including that Eleventh Amendment immunity bars Plaintiffs' claims against the state defendants under the recently decided Supreme Court case Board of Trustees of the Univ. of Alabama v. Garrett, 531 U.S. 356, 121 S.Ct. 955, 148 L.Ed.2d 866 (2001). On March 23, 2001, Plaintiffs filed their Opposition to Defendants' Motion, and on April 23, 2001, Defendants filed their Reply. On February 16, 2001, Plaintiffs filed a Motion for Partial Summary Judgment, arguing that the hearing decision (in which Plaintiffs were awarded reimbursement) is res judicata between the parties and that they are entitled to summary judgment as to liability. On March 23, 2001, Defendants filed their Opposition, and on April 23, 2001, Plaintiffs filed their Reply.
A motion to dismiss will be granted where the plaintiff fails to state a claim upon which relief can be granted. See Fed.R.Civ.P. 12(b)(6). For the purposes of a 12(b)(6) motion, "[r]eview is limited to the contents of the complaint." Clegg v. Cult Awareness Network, 18 F.3d 752, 755 (9th Cir.1994).
A complaint should not be dismissed "unless it appears beyond doubt that plaintiff can prove no set of facts in support of [her] claim which would entitle [her] to relief." Buckey v. County of Los Angeles, 968 F.2d 791, 794 (9th Cir.1992) (). All allegations of material fact are taken as true and construed in the light most favorable to the plaintiff. See id.
To the extent, however, that "matters outside the pleadings are presented to and not excluded by the court, the motion shall be treated as one for summary judgment." Fed.R.Civ.P. 12(b); Del Monte Dunes at Monterey, Ltd. v. Monterey, 920 F.2d 1496, 1507 (9th Cir.1990).
Fed.R.Civ.P. 56(c) provides for summary judgment when:
... the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.
The movant bears the initial burden of "identifying ... those portions of the material on file that it believes demonstrates the absence of any genuine issue of material fact." T.W. Elec. Serv., Inc. v. Pacific Elec. Contractors Ass'n, 809 F.2d 626, 630 (9th Cir.1987) (citing Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)). If the movant has met its burden, then "the non-moving party must show that there are `genuine factual issues that properly can be resolved only by a finder of fact because they may reasonably be in favor of either party.'" California Architectural Bldg. Prod. v. Franciscan Ceramics, 818 F.2d 1466, 1468 (9th Cir.1987) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986)), cert. denied, 484 U.S. 1006, 108 S.Ct. 698, 98 L.Ed.2d 650 (1988). When the "evidence" produced by each side conflicts, "the judge must assume the truth of the evidence set forth by the opposing party with respect to that fact." Inferences from the facts, disputed and undisputed alike, must be drawn in the light most favorable to the opposing party. T.W. Elec., 809 F.2d at 631. These genuine factual issues must be supported by significant probative evidence. See Commodity Futures Trading Comm'n v. Savage, 611 F.2d 270, 282 (9th Cir.1979). Hence, the non-moving party may not stand on its pleadings or merely assert it will controvert the movant's evidence at trial. See T.W. Elec., 809 F.2d at 630. Simple disagreement about a material issue of fact, therefore, no longer precludes the use of summary judgment. See California Architectural Bldg. Prod., 818 F.2d at 1468.
Defendants make several arguments in their Motion to Dismiss: (1) the Eleventh Amendment bars Plaintiffs claims against the state which are based on section 504 of the Rehabilitation Act, (2) collateral estoppel applies given that Plaintiffs and Defendants are also parties to the Felix consent decree, (3) the statute of limitations bars all claims before April 4, 1998, (4) Plaintiffs have failed to state a claim under 42 U.S.C. § 1983, (5) punitive damages should not be allowed in this case, and (6) Plaintiffs have failed to allege sufficient facts to establish a violation of the ADA or Section 504 of the Rehabilitation Act. The court now turns to each of these arguments.
Two relatively recent Ninth Circuit cases have held that Congress effectively abrogated the states' sovereign immunity under the Rehabilitation Act ("Section 504" or "Rehab Act") and Title II of the Americans with Disabilities Act ("ADA").2 See Dare v. California, 191 F.3d 1167 (9th Cir.1999); Clark v. California, 123 F.3d 1267 (9th Cir.1997). Congress may abrogate state sovereign immunity only if: (1) it states unequivocally that it intends to do so, and (2) the...
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