Acquisition Giving DEFENDANT’S Motion Getting Summary Judgment

Inside lawsuit, registered on , the latest plaintiffs, A beneficial.C., J.C., and you will B.C. (along called “the plaintiffs”), claim the accused, new Shelby State Board away from Degree (“SCBE”), from the and you will along with their team, unlawfully retaliated up against the plaintiffs in the pass from Point 504 of the new Rehabilitation Work (“Part 504”), 29 You.S.C. § 794, and Label II of American with Handicaps Act (“ADA”), 42 You.S.C. § 12203. This new parties features consented to the latest jurisdiction of your own Us Magistrate Courtroom. Up until the judge was SCBE’s motion having realization view concerning your plaintiffs’ states. To the explanations that follow, the brand new court finds out no circumstances off thing facts and that SCBE try eligible to wisdom since a question of laws.

I. Undeniable Products

On reason for the realization wisdom motion, the brand new court gay hookup Ventura finds out the following situations undisputed. A beneficial.C. is an old pupil out-of Bon Lin Elementary University (“Bon Lin”), a school work by the SCBE. (D.Age. 25, on step 1.) Good.C. are seven-years old and also Sorts of 1 diabetic issues and you can a beneficial peanut allergic reaction. (D.Elizabeth. twenty five, at the 5.) B.C. and you will J.C. are An effective.C.is why mother and father correspondingly. (D.Elizabeth. twenty five, in the dos.) When you find yourself An effective.C. attended Bon Lin, Kay Williams (“Williams”) try the primary and Tom McClellan (“McClellan”) is the fresh new assistant principal and you can Area 504 coordinator. (D.Age. 30-cuatro, on 27-28; D.Elizabeth. 30-5, at the 20.)

Into the , ahead of An excellent.C. went to preschool, Bon Lin didn’t have a nursing assistant on the employees to care having a questionnaire step one diabetic boy otherwise a proper Individualized Health Bundle (“IHP”) to deal with A beneficial.C.is the reason health issue. (D.Elizabeth. 35-ten, within 2-cuatro.) To remedy it, A great.C.is why mothers attempted to contact the fresh Shelby State Wellness Institution (“SCHD”), that provides medical features to SCBE universities. (D.E. 35-ten, at the 2-step 3.) While an official bundle wasn’t then followed, several SCHD nurses, Barbara Duddy (“Nursing assistant Duddy”) and you may Constance Brownish (“Nursing assistant Brownish”) went to the brand new plaintiffs’ home, which had been the method your this new beginner with a disability. (D.Age. 30-5, at the step three.) J.C. asked several accommodations, and additionally a full-day nursing assistant having Bon Lin hence Bon Lin feel a beneficial peanut-100 % free school. (D.Age. 30-5, at the step three, nine.) At this appointment, it absolutely was plus felt like one to J.C., just who did not really works away from domestic, do 1st sit in school which have A good.C. so you’re able to familiarize brand new breastfeeding personnel that have A great.C.is the reason insulin pump. (D.Elizabeth. 30-5, during the step 3, 9.)

A beneficial.C., by the girl next buddy and you will Mother, J.C., the lady father, B.C., and you can J.C. and you will B.C., the mother and father, In person, Plaintiffs, v. SHELBY County Panel Regarding Degree, Offender

*789 By , SCHD college or university nursing assistant tasks got started designed for the newest respective SCBE schools. (D.Elizabeth. 30-5, in the 9.) Prior to , SCHD organized toward placing a member-time nursing assistant for the Bon Lin; but not, Maura Sullivan (“Sullivan”), the brand new SCBE secretary superintendent, and also the SCHD later stumbled on a contract to place a full-go out nurse during the Bon Lin. (D.Elizabeth. 30-5, at the nine.) When university began, zero nursing assistant ended up being commercially assigned to the college. (D.Age. 30-5. In the 9; D.Elizabeth. 35-ten, in the dos.) Up until a nurse might possibly be assigned to the school, a few SCHD nurses, Nursing assistant Duddy and you may Nurse Brown, was in fact briefly allotted to Bon Lin. (D.Age. 30-5, at 9.) Unbeknownst to the people in the Bon Lin, J.C. submitted a criticism to your Work environment regarding Civil rights for the because the she considered that Bon Lin, SCBE, and SCHD just weren’t properly addressing her questioned rentals to possess An excellent.C. (D.Elizabeth. 35-nine, within 3.)

On the s meant to log off a beneficial voicemail message to have Nurse Duddy on her mobile phone; however, Williams actually leftover the content with the J.C.is the reason mobile phone accidentally. (D.Age. twenty six, at the six.) The message try below:

(D.E. twenty-six, at six.) Williams stated in their deposition that this message is actually depending the girl outrage which have J.C. from inside the start of college seasons. (D.E. 30-cuatro, from the thirty-five-thirty six.) Williams told me one, when she believed that a contract in regards to the A.C.’s rentals is attained, J.C. carry out name and you may discuss the master plan or transform the woman criterion about your consented-abreast of apartments. (D.Age. 30-cuatro, at the thirty five-thirty six.)