Law Offices of H. Jeffrey Marcus P.C.
Wednesday, October 22, 2008
Court allows ADA/504 claim to proceed
Miles v. Cushing Public Schools, Slip Copy, 2008 WL 4619857: A severely disabled child fell twice from a changing table. The parents sued alleging deliberate indifference to the child’s safety. The Court concluded that “the record contains sufficient evidence to create material factual disputes with regard to Plaintiffs' claims that Defendants intentionally discriminated against C.M. by exhibiting deliberate indifference to the likelihood that their actions, or their failure to act, violated his rights under the Rehabilitation Act and the ADA.”