Westlaw Delivery Summary Report for HARRISON,KIMBERL
Date/Time of Request: Wednesday, November 17, 2010 01:14 CentralClient Identifier: KIMBERLY HARRISONDatabase: FSFINDCitation Text: 400 F.Supp.2d 1145Lines: 2599Documents: 1Images: 0The material accompanying this summary is subject to copyright. Usage is governed by contract with Thomson Reuters,West and their affiliates.
United States District Court,E.D. Missouri,Southeastern Division.Jamie Kaufmann WOODS, et al., Plaintiffs,v.Bob WILLS, et al., Defendants.
No. 1:03-CV-105 CAS.
Nov. 18, 2005.
Background:
Students and their parents broughtaction against boarding school operators, allegingviolations of the Americans with Disabilities Act(ADA) and the Fair Labor Standards Act (FLSA),and state law claims of assault, battery, false im-prisonment, negligence, negligence in providingmedical treatment, intentional infliction of emotion-al distress, conversion, and fraud. The defendantsmoved for summary judgment.
Holdings:
The District Court, Shaw, J., held that:(1)monetary damages are unavailable under TitleIII of ADA;(2)students were not employees of boarding schoolfor purposes of FLSA;(3)students were unable to present a submissiblecase of intentional infliction of emotional distress;(4)students could not establish false imprisonmentclaims against boarding school under Missouri lawbecause students were minors while enrolled andtheir parents consented to their enrollment;(5)students failed to make a submissible case of battery based on defendants surreptitious adminis-tration of antipsychotic drugs to them;(6)there was sufficient evidence to submit to the jury questions of whether any of the boardingschool operators breached their duty under Mis-souri law to provide medical assistance to studentsin need of medical treatment and whether suchbreach resulted in damages; and(7)parents could not establish a submissible causeof fraud against boarding school defendants basedon fraudulent statements made by unidentifiedspeakers.Motion granted in part and denied in part as to stu-dent plaintiffs; motion granted as to parentplaintiffs.West Headnotes
[1]Federal Civil Procedure 170A 2547.1
170AFederal Civil Procedure170AXVIIJudgment170AXVII(C)Summary Judgment
170AXVII(C)3Proceedings170Ak2547Hearing andDetermina-tion170Ak2547.1k. In General.MostCited CasesIn opposing motion for summary judgment, stu-dents and parents would be deemed have admittedmovants' statements of material fact except to theextent that their affidavits served to raise a genuineissue of material fact where students and parents vi-olated local rule by failing to include in their re-sponses specific references to portions of the re-cord, where available, upon which they relied.U.S.Dist.Ct.Rules D.Mo., Rule 4.01(E).
[2]Civil Rights 78 1044
78Civil Rights78IRights Protected and Discrimination Prohib-ited in General78k1043Public Accommodations
78k1044k. In General.Most Cited Cases
A person alleging discrimination under Title III of Americans with Disabilities Act (ADA) must showthat (1) she is disabled within the meaning of theADA, (2) the defendant is a private entity thatowns, leases, or operates a place of public accom-modation, (3) the defendant took adverse actionagainst the plaintiff based upon her disability, and(4) the defendant failed to make reasonable modi-fications that would accommodate the plaintiff'sFOR EDUCATIONAL USE ONLY Page 1400 F.Supp.2d 1145, 205 Ed. Law Rep. 350
(Cite as: 400 F.Supp.2d 1145)
© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
disability without fundamentally altering the natureof the public accommodation. Americans with Dis-abilities Act of 1990, § 302(a),42 U.S.C.A.§12182(a).
[3]Federal Civil Procedure 170A 2533.1
170AFederal Civil Procedure170AXVIIJudgment170AXVII(C)Summary Judgment
170AXVII(C)3Proceedings170Ak2533Motion170Ak2533.1k. In General.MostCited CasesA district court may properly grant summary judg-ment sua sponte and without prior notice if the los-ing party has failed to state a claim upon which re-lief may be granted.Fed.Rules Civ.Proc.Rule 56,28 U.S.C.A.
[4]Civil Rights 78 1069
78Civil Rights78IRights Protected and Discrimination Prohib-ited in General78k1059Education
78k1069k. Disabled Students.Most CitedCasesStudent failed to state a claim against boardingschool operators under Title III of Americans withDisabilities Act (ADA) based on operators' failureto provide her with hearing aids since a public ac-commodation was not required to provide its cus-tomers, clients, or participants with individuallyprescribed devices, such as prescription eyeglassesor hearing aids. Americans with Disabilities Act of 1990, § 302(a),42 U.S.C.A. § 12182(a).
[5]Civil Rights 78 1451
78Civil Rights78IIIFederal Remedies in General78k1449Injunction
78k1451k. Public Accommodations orFacilities.Most Cited Cases
Civil Rights 78 1460
78Civil Rights78IIIFederal Remedies in General78k1458Monetary Relief in General
78k1460k. Availability in General.MostCited CasesMonetary damages are unavailable under Title IIIof Americans with Disabilities Act (ADA) prohibit-ing any person who owns, leases, or operates aplace of public accommodation from discriminatingagainst an individual on the basis of that individu-al's disability; injunctive relief is the only availableremedy. Americans with Disabilities Act of 1990, §308(a),42 U.S.C.A. § 12188(a); Civil Rights Act of
1964, § 204(a),42 U.S.C.A. § 2000a-3(a).
[6]Labor and Employment 231H 2246
231HLabor and Employment231HXIIIWages and Hours231HXIII(B)Minimum Wages and Overtime
Pay231HXIII(B)2Persons and EmploymentsWithin Regulations231Hk2246k. Learnersand Appren-tices.Most Cited CasesStudents were not employees of boarding school forpurposes of Fair Labor Standards Act (FLSA);tasks performed by students were part of the cur-riculum and were intended to help the developmentof personal qualities in the students, such as self-respect and responsibility. Fair Labor Standards Actof 1938, § 6(a),29 U.S.C.A. § 206(a).
[7]Damages 115 57.21
115Damages115IIIGrounds and Subjects of CompensatoryDamages115III(A)Direct or Remote, Contingent, or
Prospective Consequences or Losses115III(A)2Mental Suffering and Emo-tional Distress115k57.19Intentionalor Reckless In-
fliction of Emotional Distress; Outrage115k57.21k. Elements in General.Most Cited CasesFOR EDUCATIONAL USE ONLY Page 2400 F.Supp.2d 1145, 205 Ed. Law Rep. 350
(Cite as: 400 F.Supp.2d 1145)
© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
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