Case: D.P. v. School Board of Palm Beach County

9:21-cv-81099 | U.S. District Court for the Southern District of Florida

Filed Date: June 22, 2021

Closed Date: July 5, 2023

Clearinghouse coding complete

Case Summary

This case challenged the School District of Palm Beach County (“SDPBC”) for its utilization of the Baker Act, a Florida state law that authorized medical professionals and law enforcement officers to initiate an involuntary psychiatric examination of a person in specific circumstances, including when there was a reason to believe that 1) the person had a mental illness, and 2) because of that mental illness, they posed an immediate danger to themselves or others. On June 22, 2021, five students…

This case challenged the School District of Palm Beach County (“SDPBC”) for its utilization of the Baker Act, a Florida state law that authorized medical professionals and law enforcement officers to initiate an involuntary psychiatric examination of a person in specific circumstances, including when there was a reason to believe that 1) the person had a mental illness, and 2) because of that mental illness, they posed an immediate danger to themselves or others.

On June 22, 2021, five students with disabilities, who qualified for Exceptional Student Education (“ESE”) and were enrolled in SDPBC, as well as Disability Rights Florida, the state’s designated Protection & Advocacy system focused on ensuring the safety, wellbeing, and success of people with disabilities, and the Florida NAACP filed this lawsuit in the U.S. District Court for the Southern District of Florida. The plaintiffs sued SDPBC and the Palm Beach County School District Police Department under 42 U.S.C. § 1983 for violations of the Fourth and Fourteenth Amendments, the Americans with Disabilities Act (“ADA”), § 504 of the Rehabilitation Act, and the Florida Educational Equity Act. Represented by Disability Rights Florida, Southern Poverty Law Center, Legal Aid Society of Palm Beach County, and National Center for Youth Law, the plaintiffs sought declaratory and injunctive relief, enjoining the defendants from the harmful and illegal use of the Baker Act. The plaintiffs also sought actual and punitive damages as well as attorneys’ fees.

In the complaint, the plaintiffs alleged that SPDBC used the Baker Act to initiate at least 1,216 involuntary examinations of its students in the 2016-2020 school years, including 252 times on elementary school students. The School Board and SDPBC employed its own police officers through the Palm Beach County School District Police Department. Nearly every Baker Act originating in a SDPBC school was initiated by an officer of the School District Police Department. These officers seized Black children for involuntary examination at twice the rate of white children, a disparity that worsened for young children: 40 of 59 children under age eight examined under the Act in that period were Black.
The plaintiffs further alleged SDPBC took children for involuntary examination over their parents’ pleas to be allowed to bring their children home and parents’ assurances that they would protect their children from harm. Additionally, the plaintiffs claimed SDPBC seized children who did not meet the statutory criteria for involuntary psychiatric examination, such as children manifesting behaviors of developmental disabilities that were specifically excluded from the statute’s definition of mental illness. SDPBC subjected children to the Baker Act without consulting its own mental health professionals, and after overruling the judgments of those professionals. The plaintiffs alleged the SDPBC’s overuse and misuse of the Baker Act was unjustifiable.

The plaintiffs also alleged in the complaint that the unnecessary use of involuntary examination through the Baker Act put children and their families at significant risk of long-term and serious psychological harm. As a result of being subjected to involuntary examination under the Baker Act, children may have experienced new or exacerbated post-traumatic stress, general anxiety, separation anxiety, depression, humiliation, and emotional withdrawal. The plaintiffs also claimed that the defendants violated their Fourth and Fourteenth Amendment rights against unreasonable seizure and use of excessive force. This case was assigned to Judge Aileen M. Cannon.

On July 26, 2021, the plaintiffs filed their first amended complaint that clarified, for some counts, which plaintiffs brought the claim against that defendant.

On August 19, 2021, the defendants filed a motion to dismiss the first amended complaint for failure to state a claim. The defendants alleged that the first amended complaint was a shotgun pleading, the School Board was entitled to immunity under the Baker Act, and the plaintiffs lacked standing to assert claims against a Florida police officer, among other arguments.

On October 21, 2021, the parties filed a joint motion to appoint a mediator. The next day, the court made an order scheduling mediation before a mediator.

On November 8, 2021, the court ordered the Florida NAACP to respond to the defendants’ motion to dismiss, claiming that the Florida NAACP lacked standing to assert claims against a Florida police officer. The court noted that the Florida NAACP failed to address this claim in its September 13, 2021 response to the defendants’ motion to dismiss. On November 22, 2021, the Florida NAACP filed a supplement to the plaintiffs’ response to the defendants’ motion to dismiss, claiming it was not seeking to bring claims against individual defendants and hence did not assert that it had standing to sue any individual defendant.

On December 14, 2021, Magistrate Judge Bruce E. Reinhart filed his report and recommendation that the defendants’ motion to dismiss be granted in part and denied in part. 658 F. Supp. 3d 1187. On January 18, 2022, the parties filed a motion for a protective order, which the court granted that same day.
On June 2, 2022, the parties filed a stipulation of dismissal for leave to file a settlement agreement under seal. On June 4, 2022, the court took note of the joint stipulation of dismissal and declined to retain jurisdiction of the parties’ settlement agreement, adhering to the general principle that settlement agreements were a matter of private contract between the parties. The court, therefore, deemed the parties’ stipulation ineffective. On June 7, 2022, the parties filed a joint stipulation of dismissal and a joint motion for extension of time for the plaintiffs to file a motion for attorneys’ fees.

On October 26, 2022, the parties filed a joint stipulation of dismissal of the individual police officer. Almost two weeks later, on November 14, 2022, the Florida NAACP filed a notice of voluntary dismissal as a plaintiff. The next day, the court ordered the dismissal of the Florida NAACP as a plaintiff.

On February 23, 2023, the court adopted Magistrate Judge Reinhart’s report regarding the motion to dismiss that the defendants filed on August 19, 2021. 658 F. Supp. 3d 1187. The court dismissed without prejudice the Florida NAACP for lack of standing. The court also dismissed without prejudice the following counts from the first amended complaint: the § 1983 procedural due process claim for the deprivation of the parental right to custody and control, the § 1983 procedural due process claim for control over medical decision-making under the Fourteenth Amendment, the § 1983 claim for violation of due process right to be free of unreasonable seizures under the Fourth and Fourteenth Amendments, and the § 1983 claim for excessive force under the Fourth and Fourteenth Amendments. The court, however, denied the motion to dismiss for the claims brought against SDPBC, but it granted the motion to dismiss for the individually named defendants due to qualified immunity except where the plaintiffs sought injunctive relief. The court also ordered sua sponte a stay pending a possible repleading of the Amended Complaint.

On March 13, 2023, the plaintiffs filed their second amended complaint. The second amended complaint removed L.A., A.B., and the Florida NAACP as plaintiffs, therefore, also eliminating the counts brought by those plaintiffs. In the second amended complaint, the plaintiffs also removed all counts brought against the individually named defendants.

In response to the second amended complaint, SDPBC filed a motion to dismiss for failure to state a claim on March 30, 2023. On April 5, 2023, the plaintiffs moved to convert SDPBC’s motion to dismiss the second amended complaint to a motion for summary judgment. On April 17, 2023, the court denied SDPBC’s motion to dismiss, and it denied the plaintiffs’ motion to convert. The next day, on April 18, 2023, the court lifted the stay and provided a schedule for the case.

On May 19, 2023, the plaintiffs filed a motion for partial summary judgment. That same day, the defendants filed a counter motion for summary judgment.

On June 26, 2023, the United States Department of Justice filed a statement of interest. The Department of Justice reiterated the district’s responsibility to meet the needs of its students with disabilities through known interventions that could prevent police officers from subjecting children to involuntary examinations.

On June 29 and June 30, 2023, the individual plaintiffs filed notices of acceptance with offers of judgment. On July 5, 2023, the court accepted the offers of judgment for all of the plaintiffs except Disability Rights Florida. 2023 U.S. Dist. LEXIS 126325. The court awarded the individual plaintiffs varying compensatory and statutory damages, including reasonable attorneys’ fees, litigation expenses, and costs. The individual plaintiffs were awarded damages totaling $440,000. The court dismissed the remaining claims by Disability Rights Florida, which included counts 1, 2, 5, 9, and 13 for lack of Article III standing. 2023 WL 4632350. The court held that in the absence of any dispute of injury by the individual plaintiffs, what was left was Disability Rights Florida’s broad request for sweeping policy changes in favor of Disability Rights Florida’s constituents, which was inappropriate due to the absence of a concrete, particularized, and non-speculative injury. Thus, the remaining counts in the second amended complaint brought by Disability Rights Florida were dismissed for lack of jurisdiction, and the case was closed.   

Summary Authors

Calvin Kim (10/22/2021)

Tallulah Wick (3/26/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60004019/parties/dp-v-school-board-of-palm-beach-county/


Attorney for Plaintiff

Boyd, Samuel T.S. (Florida)

Christiansen, Nicholas Clinton (Tennessee)

Cintron-Siegel, Ann Marie (Florida)

Attorney for Defendant

Bell, Jon Erik (Florida)

Carmona, Lisa A. (Florida)

show all people

Documents in the Clearinghouse

Document

9:21-cv-81099

Docket [PACER]

Oct. 22, 2021

Oct. 22, 2021

Docket
1

9:21-cv-81099

Complaint

June 22, 2021

June 22, 2021

Complaint
148

9:21-cv-81099

Order Accepting Conclusions in Magistrate Judge's Report and Recommendation [ECF No. 73] and Disposing of Other Motions

Feb. 23, 2023

Feb. 23, 2023

Order/Opinion

658 F.Supp.3d 1187

150

9:21-cv-81099

Second Amended Complaint Demand for Jury Trial

March 13, 2023

March 13, 2023

Complaint
198

9:21-cv-81099

Statement of Interest

June 26, 2023

June 26, 2023

Other
209

9:21-cv-81099

Final Judgment as to Certain Plaintiffs

July 5, 2023

July 5, 2023

Order/Opinion

2023 WL 4632350

210

9:21-cv-81099

Order Dismissing Remaining Claims for Lack of Jurisdiction and Closing Case

July 5, 2023

July 5, 2023

Order/Opinion

2023 WL 4632350

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60004019/dp-v-school-board-of-palm-beach-county/

Last updated March 26, 2024, 4:37 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants. Filing fees $ 402.00. Pay.gov Agency Tracking ID FLSDC-14786453, payment transferred from : 9:21-cv-81099, filed by R. S., W. B., P. S., D. P., Disability Rights Florida, A. B., E. S., M. S., Florida State Conference of the National Association for the Advancement of Colored People (NAACP), L. H., J. S., S. S., L. A.. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(Jackson, Bacardi) (Entered: 06/22/2021)

1 Civil Cover Sheet

View on PACER

2 Summon(s)

View on PACER

June 22, 2021

June 22, 2021

Clearinghouse
2

Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Bruce E. Reinhart is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (cds) (Entered: 06/22/2021)

June 22, 2021

June 22, 2021

PACER
3

Summons Issued as to Daniel Alexander, Howard Blocher, Brown, Jose Cuellar, Donald Fennoy, II, Joseph M. Margolis, Jr, School Board of Palm Beach County, Donald Silva. (cds) (Entered: 06/22/2021)

June 22, 2021

June 22, 2021

RECAP
4

Bar Letter re: Admissions sent to attorney Hannah Benton Eidsath, Jean Strout, Rachel Velcoff Hults, Joshua C. Toll, mailing date June 22, 2021, (pt) (Entered: 06/22/2021)

June 22, 2021

June 22, 2021

RECAP

Clerk's Notice of Judge Assignment and Optional Consent

June 22, 2021

June 22, 2021

PACER
5

ORDER REQUIRING COMBINED RESPONSES. Signed by Judge Aileen M. Cannon on 6/23/2021. See attached document for full details. (cds) (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

RECAP
6

NOTICE of Change of Address, Email or Law Firm Name by Bacardi L Jackson (Jackson, Bacardi) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER
7

CLERK'S NOTICE - Attorney Admissions has not updated the email address for attorney Bacardi L. Jackson re 6 Notice of Change of Address, Email or Law Firm Name. Attorney has not followed the required procedures for updating their email address with the Court. Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their email address. See the Courts website for detailed instructions. www.flsd.uscourts.gov/updating-your-information (cw) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER
8

SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by R. S., W. B., P. S., D. P., Florida State Conference of the National Association for the Advancement of Colored People, A. B., E. S., M. S., Disability Rights Florida, L. H., J. S., S. S., L. A.. School Board of Palm Beach County served on 6/23/2021, answer due 7/14/2021. (Jackson, Bacardi) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER
9

SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by R. S., W. B., P. S., D. P., Florida State Conference of the National Association for the Advancement of Colored People, A. B., E. S., M. S., Disability Rights Florida, L. H., J. S., S. S., L. A.. Donald Fennoy, II served on 6/23/2021, answer due 7/14/2021. (Jackson, Bacardi) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER
10

SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by R. S., W. B., P. S., D. P., Florida State Conference of the National Association for the Advancement of Colored People, A. B., E. S., M. S., Disability Rights Florida, L. H., J. S., S. S., L. A.. Daniel Alexander served on 6/23/2021, answer due 7/14/2021. (Jackson, Bacardi) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER
11

NOTICE of Change of Address, Email or Law Firm Name by Evian Lynn White (White, Evian) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER
12

MOTION PLAINTIFFS MOTION FOR LEAVE TO PROCEED USING INITIALS TO IDENTIFY PLAINTIFFS P.S., J.S., A.B., L.H., S.S. AND R.S. AND MEMORANDUM IN SUPPORT THEREOF by L. A., A. B., W. B., Disability Rights Florida, Florida State Conference of the National Association for the Advancement of Colored People, L. H., D. P., E. S., J. S., M. S., P. S., R. S., S. S.. (Attachments: # 1 Affidavit Declaration of Sam Boyd, # 2 Text of Proposed Order Proposed Order)(Jackson, Bacardi) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER

Clerk's Notice - Attorney Admissions

June 25, 2021

June 25, 2021

PACER
13

ORDER Granting 12 Motion FOR LEAVE TO USE INITIALS TO IDENTIFY CERTAIN PLAINTIFFS. Signed by Judge Aileen M. Cannon on 6/28/2021. See attached document for full details. (cds) (Entered: 06/29/2021)

June 29, 2021

June 29, 2021

PACER
14

NOTICE of Attorney Appearance by Laura Esterman Pincus on behalf of School Board of Palm Beach County. Attorney Laura Esterman Pincus added to party School Board of Palm Beach County(pty:dft). (Pincus, Laura) (Entered: 07/06/2021)

July 6, 2021

July 6, 2021

PACER
15

NOTICE of Attorney Appearance by Patricia Morales Christiansen on behalf of School Board of Palm Beach County. Attorney Patricia Morales Christiansen added to party School Board of Palm Beach County(pty:dft). (Christiansen, Patricia) (Entered: 07/06/2021)

July 6, 2021

July 6, 2021

PACER
16

NOTICE of Attorney Appearance by Jon Erik Bell on behalf of School Board of Palm Beach County. Attorney Jon Erik Bell added to party School Board of Palm Beach County(pty:dft). (Bell, Jon) (Entered: 07/06/2021)

July 6, 2021

July 6, 2021

PACER
17

SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by R. S., W. B., P. S., D. P., Florida State Conference of the National Association for the Advancement of Colored People, A. B., E. S., M. S., Disability Rights Florida, L. H., J. S., S. S., L. A.. Jose Cuellar served on 7/6/2021, answer due 7/27/2021. (Boyd, Samuel) (Entered: 07/06/2021)

July 6, 2021

July 6, 2021

PACER
18

SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by R. S., W. B., P. S., D. P., Florida State Conference of the National Association for the Advancement of Colored People, A. B., E. S., M. S., Disability Rights Florida, L. H., J. S., S. S., L. A.. Howard Blocher served on 7/6/2021, answer due 7/27/2021. (Boyd, Samuel) (Entered: 07/06/2021)

July 6, 2021

July 6, 2021

PACER
19

SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by R. S., W. B., P. S., D. P., Florida State Conference of the National Association for the Advancement of Colored People, A. B., E. S., M. S., Disability Rights Florida, L. H., J. S., S. S., L. A.. Brown served on 7/6/2021, answer due 7/27/2021. (Boyd, Samuel) (Entered: 07/06/2021)

July 6, 2021

July 6, 2021

PACER
20

SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by R. S., W. B., P. S., D. P., Florida State Conference of the National Association for the Advancement of Colored People, A. B., E. S., M. S., Disability Rights Florida, L. H., J. S., S. S., L. A.. Donald Silva served on 7/6/2021, answer due 7/27/2021. (Boyd, Samuel) (Entered: 07/06/2021)

July 6, 2021

July 6, 2021

PACER
21

NOTICE of Attorney Appearance by Lisa A. Carmona on behalf of School Board of Palm Beach County. Attorney Lisa A. Carmona added to party School Board of Palm Beach County(pty:dft). (Carmona, Lisa) (Entered: 07/07/2021)

July 7, 2021

July 7, 2021

PACER
22

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Hannah Benton Eidsath. Filing Fee $ 200.00 Receipt # AFLSDC-14850033 by L. A., A. B., W. B., Disability Rights Florida, Florida State Conference of the National Association for the Advancement of Colored People, L. H., D. P., E. S., J. S., M. S., P. S., R. S., S. S.. Responses due by 7/29/2021 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Boyd, Samuel) (Entered: 07/15/2021)

July 15, 2021

July 15, 2021

PACER
23

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jean Strout. Filing Fee $ 200.00 Receipt # AFLSDC-14850069 by L. A., A. B., W. B., Disability Rights Florida, Florida State Conference of the National Association for the Advancement of Colored People, L. H., D. P., E. S., J. S., M. S., P. S., R. S., S. S.. Responses due by 7/29/2021 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Boyd, Samuel) (Entered: 07/15/2021)

July 15, 2021

July 15, 2021

PACER
24

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Joshua C Toll. Filing Fee $ 200.00 Receipt # AFLSDC-14850084 by L. A., A. B., W. B., Disability Rights Florida, Florida State Conference of the National Association for the Advancement of Colored People, L. H., D. P., E. S., J. S., M. S., P. S., R. S., S. S.. Responses due by 7/29/2021 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Boyd, Samuel) (Entered: 07/15/2021)

July 15, 2021

July 15, 2021

PACER
25

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rachel Velcoff Hults. Filing Fee $ 200.00 Receipt # AFLSDC-14850163 by L. A., A. B., W. B., Disability Rights Florida, Florida State Conference of the National Association for the Advancement of Colored People, L. H., D. P., E. S., J. S., M. S., P. S., R. S., S. S.. Responses due by 7/29/2021 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Boyd, Samuel) (Entered: 07/15/2021)

July 15, 2021

July 15, 2021

PACER
26

Clerk's Notice of Filing Deficiency Re: 25 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rachel Velcoff Hults. Filing Fee $ 200.00 Receipt # AFLSDC-14850163 filed by Florida State Conference of the National Association for the Advancement of Colored People, W. B., R. S., E. S., P. S., D. P., Disability Rights Florida, A. B., M. S., S. S., L. A., J. S., L. H.. Document(s) missing required signature(s) (Fed.R.Civ.P. 11(a)). (cds) (Entered: 07/16/2021)

July 16, 2021

July 16, 2021

PACER
27

Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rachel Velcoff Hults. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See 25 Motion to Appear Pro Hac Vice,, by L. A., A. B., W. B., Disability Rights Florida, Florida State Conference of the National Association for the Advancement of Colored People, L. H., D. P., E. S., J. S., M. S., P. S., R. S., S. S.. Responses due by 7/30/2021 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Boyd, Samuel) (Entered: 07/16/2021)

July 16, 2021

July 16, 2021

PACER

Clerk's Notice of Filing Deficiency

July 16, 2021

July 16, 2021

PACER
28

NOTICE of Change of Address, Email or Law Firm Name by Patricia Morales Christiansen (Christiansen, Patricia) (Entered: 07/21/2021)

July 21, 2021

July 21, 2021

PACER
29

PAPERLESS ORDER granting 22, 23, 24, and 27 Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorneys Hannah Benton Eidsath, Jean Strout, Joshua C Toll, and Rachel Velcoff Hults. The Court reserves the power to withdraw permission for special appearance prior to and during the time of trial. Failure to abide by any Court order or failure to appear at any scheduled matter may result in immediate revocation of counsels pro hac vice status. Local counsel must be ready to adequately represent the party at any time, including conducting the actual trial. Signed by Judge Aileen M. Cannon on 7/23/2021. (jrt) (Entered: 07/23/2021)

July 23, 2021

July 23, 2021

PACER
30

PAPERLESS ORDER denying as moot 25 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Rachel Velcoff Hults. Signed by Judge Aileen M. Cannon on 7/23/2021. (jrt) (Entered: 07/23/2021)

July 23, 2021

July 23, 2021

PACER
31

First AMENDED COMPLAINT against Daniel Alexander, Howard Blocher, Brown, Jose Cuellar, Donald Fennoy, II, Joseph M. Margolis, Jr, School Board of Palm Beach County, Jordan Lauginiger, filed by R. S., W. B., P. S., D. P., Florida State Conference of the National Association for the Advancement of Colored People, A. B., E. S., M. S., Disability Rights Florida, L. H., J. S., S. S., L. A.. (Attachments: # 1 Summon(s))(Boyd, Samuel) (Entered: 07/26/2021)

1 Summon(s)

View on PACER

July 26, 2021

July 26, 2021

Clearinghouse
32

NOTICE of Voluntary Dismissal of Officer Donald Silva by L. A., A. B., W. B., Disability Rights Florida, Florida State Conference of the National Association for the Advancement of Colored People, L. H., D. P., E. S., J. S., M. S., P. S., R. S., S. S. (Boyd, Samuel) (Entered: 07/26/2021)

July 26, 2021

July 26, 2021

PACER
33

ORDER OF DISMISSAL AS TO DEFENDANT OFFICER DONALD SILVA, ONLY re 32 Notice of Voluntary Dismissal, filed by Florida State Conference of the National Association for the Advancement of Colored People, W. B., R. S., E. S., P. S., D. P., Disability Rights Florida, A. B., M. S., S. S., L. A., J. S., L. H., Signed by Judge Aileen M. Cannon on 7/27/2021. See attached document for full details. (cqs) (Entered: 07/28/2021)

July 27, 2021

July 27, 2021

PACER
34

Summons Issued as to Officer Jordan Lauginiger. (jas) (Entered: 07/28/2021)

July 28, 2021

July 28, 2021

PACER
35

NOTICE of Attorney Appearance by Eric Lawrence Stettin on behalf of Joseph M. Margolis, Jr. Attorney Eric Lawrence Stettin added to party Joseph M. Margolis, Jr(pty:dft). (Stettin, Eric) (Entered: 07/29/2021)

July 29, 2021

July 29, 2021

PACER
36

NOTICE of Attorney Appearance by Charles Mark Garabedian, Jr on behalf of Joseph M. Margolis, Jr. Attorney Charles Mark Garabedian, Jr added to party Joseph M. Margolis, Jr(pty:dft). (Garabedian, Charles) (Entered: 07/29/2021)

July 29, 2021

July 29, 2021

PACER
37

NOTICE of Attorney Appearance by Melissa M. Lewis on behalf of School Board of Palm Beach County. Attorney Melissa M. Lewis added to party School Board of Palm Beach County(pty:dft). (Lewis, Melissa) (Entered: 08/04/2021)

Aug. 4, 2021

Aug. 4, 2021

PACER
38

SUMMONS (Affidavit) Returned Executed on 31 Amended Complaint/Amended Notice of Removal, with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 by R. S., W. B., P. S., D. P., Florida State Conference of the National Association for the Advancement of Colored People, A. B., E. S., M. S., Disability Rights Florida, L. H., J. S., S. S., L. A.. Officer Jordan Lauginiger served on 7/29/2021, answer due 8/12/2021; Daniel Alexander served on 7/29/2021, answer due 8/12/2021; Howard Blocher served on 7/29/2021, answer due 8/12/2021; Officer Johnny Brown served on 7/29/2021, answer due 8/12/2021; Jose Cuellar served on 7/29/2021, answer due 8/12/2021; Donald Fennoy, II served on 7/29/2021, answer due 8/12/2021; Officer Joseph M. Margolis, Jr. served on 7/29/2021, answer due 8/12/2021. (Boyd, Samuel) Modified Text to include Officer Jordan Lauginiger and Joseph Maroglis Jr. re served date on 8/6/2021 (cds). (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

PACER
39

ACKNOWLEDGMENT of Service by R. S., W. B., P. S., D. P., Florida State Conference of the National Association for the Advancement of Colored People, A. B., E. S., M. S., Disability Rights Florida, L. H., J. S., S. S., L. A.. (Boyd, Samuel) Modified Text/improper service method on 8/6/2021 (cds). (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

PACER
40

CERTIFICATE OF SERVICE by L. A., A. B., W. B., Disability Rights Florida, Florida State Conference of the National Association for the Advancement of Colored People, L. H., D. P., E. S., J. S., M. S., P. S., R. S., S. S. re 31 Amended Complaint/Amended Notice of Removal, as to all defendants (Boyd, Samuel) (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

PACER

(DUPLICATE) Set Answer Due Deadline: Officer Jordan Lauginiger response due 8/12/2021; Joseph M. Margolis, Jr response due 8/12/2021. PER DE# 38 (cds) Modified Text/answer date on 8/6/2021 (cds).

Aug. 6, 2021

Aug. 6, 2021

PACER

Set/Reset Answer Due Deadline: Officer Jordan Lauginiger response due 8/12/2021; Joseph M. Margolis, Jr response due 8/12/2021. PER DE# 38 (cds)

Aug. 6, 2021

Aug. 6, 2021

PACER

~Util - Set/Reset Answer Due Deadline

Aug. 6, 2021

Aug. 6, 2021

PACER
41

Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to 5 Order by School Board of Palm Beach County. (Attachments: # 1 Text of Proposed Order)(Bell, Jon) (Entered: 08/09/2021)

1 Text of Proposed Order

View on RECAP

Aug. 9, 2021

Aug. 9, 2021

RECAP
42

PAPERLESS ORDER granting 41 Motion for Clarification. The deadline for Defendants to file a response to Plaintiffs' Amended Complaint is extended to August 19, 2021. Defendants shall submit a single combined response or separate answers. To the extent that any of the Defendants have differing positions, any such divergence can be made apparent in separate sections in the single combined response. Signed by Judge Aileen M. Cannon on 8/10/2021. (jrt) (Entered: 08/10/2021)

Aug. 10, 2021

Aug. 10, 2021

PACER

Order on Motion for Extension of Time to File Response/Reply/Answer

Aug. 10, 2021

Aug. 10, 2021

PACER
43

MOTION for Leave to File Excess Pages or, in the Alternative, to File a Separate Response by Joseph M. Margolis, Jr. (Garabedian, Charles) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

RECAP
44

PAPERLESS ORDER granting 43 Defendant Joseph Margolis' Unopposed Motion for Leave to File Excess Pages. Defendants shall jointly submit a single combined response not to exceed 40 pages, double-spaced, in 12-point Times New Roman font. The deadline to submit the combined response remains August 19, 2021. Signed by Judge Aileen M. Cannon on 8/18/2021. (jrt) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

PACER

Order on Motion for Leave to File Excess Pages

Aug. 18, 2021

Aug. 18, 2021

PACER
45

MOTION TO DISMISS 31 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Daniel Alexander, Howard Blocher, Officer Johnny Brown, Jose Cuellar, Donald Fennoy, II, Officer Jordan Lauginiger, Joseph M. Margolis, Jr, School Board of Palm Beach County. Responses due by 9/2/2021 (Attachments: # 1 Exhibit A)(Garabedian, Charles) (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

PACER
46

PAPERLESS ORDER: Pursuant to 28 U.S.C. ยง 636 and Local Magistrate Judge Rule 1, it is ORDERED that Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint 45 is REFERRED to Magistrate Judge Bruce E. Reinhart for a Report and Recommendation. Signed by Judge Aileen M. Cannon on 8/20/2021. (jrt) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
47

Order Requiring Joint Scheduling Report And Certificates of Interested Parties. Joint Scheduling Report due by 9/30/2021 Signed by Judge Aileen M. Cannon on 8/20/2021. See attached document for full details. (vmz) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

RECAP

Order Referring Motion

Aug. 20, 2021

Aug. 20, 2021

PACER
48

MOTION for Extension of Time to File Opposition re 45 MOTION TO DISMISS 31 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by L. A., A. B., W. B., Disability Rights Florida, Florida State Conference of the National Association for the Advancement of Colored People, L. H., D. P., E. S., J. S., M. S., P. S., R. S., S. S.. Responses due by 9/7/2021 (Attachments: # 1 Text of Proposed Order)(Boyd, Samuel) (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER
49

PAPERLESS ORDER granting 48 Plaintiffs' Unopposed Motion for Extension of Time to File Opposition to Defendants' Motion to Dismiss. Plaintiffs shall file a response to Defendants' Motion to Dismiss on or before September 13, 2021. Signed by Judge Aileen M. Cannon on 8/24/2021. (jrt) Modified on 8/30/2021 (tgs). (fixed error) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER

Reset Deadlines Per DE#49. Responses due by 9/13/2021 (cqs)

Aug. 24, 2021

Aug. 24, 2021

PACER

Order on Motion for Extension of Time

Aug. 24, 2021

Aug. 24, 2021

PACER

~Util - Set/Reset Deadlines/Hearings

Aug. 24, 2021

Aug. 24, 2021

PACER
50

RESPONSE in Opposition re 45 MOTION TO DISMISS 31 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by L. A., A. B., W. B., Disability Rights Florida, Florida State Conference of the National Association for the Advancement of Colored People, L. H., D. P., E. S., J. S., M. S., P. S., R. S., S. S.. Replies due by 9/20/2021. (Boyd, Samuel) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER
51

Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to 50 Response in Opposition to Motion, and to File Reply in Excess of Ten Pages by School Board of Palm Beach County. (Attachments: # 1 Text of Proposed Order)(Bell, Jon) (Entered: 09/16/2021)

Sept. 16, 2021

Sept. 16, 2021

PACER
52

PAPERLESS ORDER granting 51 Defendants' Unopposed Motion for Extension of Time to File Reply. The deadline for Defendants to file a joint reply is extended to September 30, 2021. The Defendants joint reply may not exceed 20 pages in length. Signed by Magistrate Judge Bruce E. Reinhart on 9/17/2021. (jgy) (Entered: 09/17/2021)

Sept. 17, 2021

Sept. 17, 2021

PACER

Order on Motion for Extension of Time to File Response/Reply/Answer

Sept. 17, 2021

Sept. 17, 2021

PACER
53

Joint SCHEDULING REPORT - Rule 16.1 by L. A., A. B., W. B., Disability Rights Florida, Florida State Conference of the National Association for the Advancement of Colored People, L. H., D. P., E. S., J. S., M. S., P. S., R. S., S. S. (Attachments: # 1 Text of Proposed Order Proposed Scheduling Order)(Boyd, Samuel) (Entered: 09/30/2021)

Sept. 30, 2021

Sept. 30, 2021

PACER
54

Defendant's REPLY to Response to Motion re 45 MOTION TO DISMISS 31 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Daniel Alexander, Howard Blocher, Officer Johnny Brown, Jose Cuellar, Donald Fennoy, II, Officer Jordan Lauginiger, Joseph M. Margolis, Jr, School Board of Palm Beach County. Attorney Jon Erik Bell added to party Daniel Alexander(pty:dft), Attorney Jon Erik Bell added to party Howard Blocher(pty:dft), Attorney Jon Erik Bell added to party Officer Johnny Brown(pty:dft), Attorney Jon Erik Bell added to party Jose Cuellar(pty:dft), Attorney Jon Erik Bell added to party Donald Fennoy, II(pty:dft), Attorney Jon Erik Bell added to party Officer Jordan Lauginiger(pty:dft). (Bell, Jon) (Entered: 09/30/2021)

Sept. 30, 2021

Sept. 30, 2021

PACER
55

Plaintiff's MOTION to Seal Certificate of Interested Persons per Local Rule 5.4 by L. A., A. B., W. B., Disability Rights Florida, Florida State Conference of the National Association for the Advancement of Colored People, L. H., D. P., E. S., J. S., M. S., P. S., R. S., S. S.. (Attachments: # 1 Text of Proposed Order, # 2 CIP Redacted) (Boyd, Samuel) (Entered: 09/30/2021)

Sept. 30, 2021

Sept. 30, 2021

PACER

SYSTEM ENTRY - Docket Entry 56 [misc] restricted/sealed until further notice. (1938093)

Sept. 30, 2021

Sept. 30, 2021

PACER
57

Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Joseph M. Margolis, Jr (Garabedian, Charles) (Entered: 09/30/2021)

Sept. 30, 2021

Sept. 30, 2021

PACER

Order

Sept. 30, 2021

Sept. 30, 2021

PACER
58

Clerks Notice to Filer re 54 Reply to Response to Motion,,,. Attorney Did Not Associate Themselves; ERROR - Filing attorney neglected to associate themselves to all Parties. The Clerk has added the attorney to the case. It is not necessary to refile this document future filings must comply with the CM/ECF Administrative Procedures and Local Rules by filing a Notice of Attorney Appearance and linking themselves to the case. (cds) (Entered: 10/01/2021)

Oct. 1, 2021

Oct. 1, 2021

PACER

Clerks Notice of Docket Correction and Instruction to Filer - Attorney

Oct. 1, 2021

Oct. 1, 2021

PACER
59

PAPERLESS ORDER granting 55 Plaintiffs' Motion for Leave to File their Certificate of Interested Parties Under Seal. The Court reminds the parties that filing documents under seal without prior Court approval is prohibited. Signed Judge Aileen M. Cannon on 10/4/2021. (jrt) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

PACER
60

ORDER SETTING TRIAL, SETTING PRE-TRIAL DEADLINES, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 1/30/2023 09:00 AM in Fort Pierce Division before Judge Aileen M. Cannon., Calendar Call set for 1/24/2023 01:45 PM in Fort Pierce Division before Judge Aileen M. Cannon., Amended Pleadings due by 11/18/2021., Discovery due by 9/19/2022., Expert Discovery due by 9/19/2022., Joinder of Parties due by 11/18/2021., Mediation Deadline 10/13/2022., In Limine Motions due by 12/27/2022., Dispositive Motions due by 10/14/2022., Motions due by 10/14/2022., Pretrial Stipulation due by 12/27/2022.), ORDER REFERRING CASE to Magistrate Judge Bruce E. Reinhart for Discovery Matters. Signed by Judge Aileen M. Cannon on 10/4/2021. See attached document for full details. (cds) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 10/05/2021)

Oct. 4, 2021

Oct. 4, 2021

PACER

Order on Motion to Seal

Oct. 4, 2021

Oct. 4, 2021

PACER
61

ORDER SETTING DISCOVERY STATUS CONFERENCE. Telephonic Final Discovery Status Conference set for 8/19/2022 01:00 PM before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 10/5/2021. See attached document for full details. (cds) (Entered: 10/05/2021)

Oct. 5, 2021

Oct. 5, 2021

PACER
62

STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE BRUCE REINHART. Signed by Magistrate Judge Bruce E. Reinhart on 10/5/2021. See attached document for full details. (cds) (Entered: 10/05/2021)

Oct. 5, 2021

Oct. 5, 2021

PACER

SYSTEM ENTRY - Docket Entry 63 [order] restricted/sealed until further notice. (dj)

Oct. 5, 2021

Oct. 5, 2021

PACER

Order

Oct. 5, 2021

Oct. 5, 2021

PACER
64

Joint MOTION to Appoint Mediator and Schedule Mediation Conference by L. A., A. B., W. B., Disability Rights Florida, Florida State Conference of the National Association for the Advancement of Colored People, L. H., D. P., E. S., J. S., M. S., P. S., R. S., S. S.. Responses due by 11/4/2021 (Attachments: # 1 Text of Proposed Order Proposed Order Scheduling Mediation)(Boyd, Samuel) (Entered: 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

PACER
65

JOINT PROPOSED NOTICE SCHEDULING MEDIATION. Selected/Added Rodney Romano as Mediator. Mediation Hearing set for 09/16/2022 at 09:00 a.m. (For Image See DE# 64 ) (cds) (Entered: 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

PACER
66

Clerks Notice to Filer re 64 Joint MOTION to Appoint Mediator and Schedule Mediation Conference. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, See DE# 65 . It is not necessary to refile this document. (cds) (Entered: 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

PACER

Notice of Mediator Selection and/or Hearing

Oct. 21, 2021

Oct. 21, 2021

PACER

Clerks Notice of Docket Correction and Instruction to Filer - Attorney

Oct. 21, 2021

Oct. 21, 2021

PACER
67

ORDER Scheduling Mediation before Rodney Romano. Mediation Hearing set for 9/16/2022 09:00 AM. Signed by Judge Aileen M. Cannon on 10/22/2021. See attached document for full details. (cds) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
68

PAPERLESS NOTICE of Hearing: re 45 MOTION TO DISMISS 31 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM Motion Hearing set for 11/9/2021 02:00 PM in Fort Pierce Division before Judge Aileen M. Cannon. This is an in-person hearing. Prior to your courthouse visit, please click here to view our COVID-19 Rules and Procedures. (tgs) (Entered: 10/26/2021)

Oct. 26, 2021

Oct. 26, 2021

PACER

NOTICE of HEARING (or CANCELLATION)

Oct. 26, 2021

Oct. 26, 2021

PACER
69

PAPERLESS NOTICE OF CANCELLATION OF HEARING: re 68 PAPERLESS NOTICE of Hearing: Motion Hearing set for 11/9/2021 02:00 PM in Fort Pierce Division before Judge Aileen M. Cannon. (jrt) (Entered: 10/27/2021)

Oct. 27, 2021

Oct. 27, 2021

PACER

Hearing terminated Per DE#69. (cqs)

Oct. 27, 2021

Oct. 27, 2021

PACER

NOTICE of HEARING (or CANCELLATION)

Oct. 27, 2021

Oct. 27, 2021

PACER

~Util - Terminate Deadlines and Hearings

Oct. 27, 2021

Oct. 27, 2021

PACER
70

PAPERLESS ORDER directing Plaintiff Florida NAACP to RESPOND. In the Motion to Dismiss, Defendant Officer Margolis argues that Plaintiff FL NAACP lacks standing to assert claims against Officer Margolis. See ECF No. 45 at 30-31. Plaintiff FL NAACP did not respond to that argument in its Response. ECF No. 50. A federal court is obligated to inquire into subject matter jurisdiction sua sponte whenever it may be lacking. Univ. of S. Ala. v. Am. Tobacco Co., 168 F.3d 405, 410 (11th Cir. 1999). Whether a plaintiff has standing under Article IIIwhich limits the cases or controversies a federal court can entertaindirectly implicates a federal courts subject matter jurisdiction, and is a threshold jurisdictional question which must be addressed prior to and independent of the merits of a partys claims. Bochese v. Town of PonceInlet, 405 F.3d 964, 974(11th Cir. 2005) (citations and internal quotation marks omitted). The Court finds it necessary to review FL NAACP's standing not just in its claims against Defendant Officer Margolis, but all Defendants. Therefore, by no later than November 22, 2021, Plaintiff FL NAACP shall provide the Court with supplemental briefing on the limited issue of whether this Court has Article III standing to adjudicate Plaintiff FL NAACP's claims against Defendants. Defendants may file a singular response brief by no later than November 30, 2021.No reply brief shall be filed unless ordered by the Court. Each party shall limit its brief to 10 pages. Signed by Magistrate Judge Bruce E. Reinhart on 11/8/2021. (jgy) (Entered: 11/08/2021)

Nov. 8, 2021

Nov. 8, 2021

PACER

- Order (PAPERLESS or pdf attached)

Nov. 8, 2021

Nov. 8, 2021

PACER
71

SUPPLEMENT to 50 Response in Opposition to Motion, filed by order of the Court of November 8, 2021 70 by Florida State Conference of the National Association for the Advancement of Colored People (Boyd, Samuel) (Entered: 11/22/2021)

Nov. 22, 2021

Nov. 22, 2021

PACER
72

RESPONSE to Motion re 45 MOTION TO DISMISS 31 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM and Response to Plaintiff FL NAACP's Supplemental Brief Regarding Standing 71 filed by School Board of Palm Beach County. Replies due by 12/7/2021. (Bell, Jon) (Entered: 11/30/2021)

Nov. 30, 2021

Nov. 30, 2021

RECAP
73

REPORT AND RECOMMENDATIONS re 45 Defendants' MOTION TO DISMISS 31 Amended Complaint recommending the Motion to Dismiss be Granted in Part and Denied in Part. Objections to R&R due by 12/28/2021. Signed by Magistrate Judge Bruce E. Reinhart on 12/14/2021. See attached document for full details. (jgy) (Entered: 12/14/2021)

Dec. 14, 2021

Dec. 14, 2021

PACER
74

NOTICE by L. A., A. B., W. B., Disability Rights Florida, Florida State Conference of the National Association for the Advancement of Colored People, L. H., D. P., E. S., J. S., M. S., P. S., R. S., S. S. re 73 REPORT AND RECOMMENDATIONS re 45 MOTION TO DISMISS 31 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Officer Johnny Brown, Joseph M. Margolis, Jr., Officer Jordan Lauginiger, Jose Cuellar, Donald of Non-Opposition to Report and Recommendations (Boyd, Samuel) (Entered: 12/17/2021)

Dec. 17, 2021

Dec. 17, 2021

PACER
75

NOTICE by School Board of Palm Beach County (Bell, Jon) (Entered: 12/20/2021)

Dec. 20, 2021

Dec. 20, 2021

PACER
76

NOTICE by Joseph M. Margolis, Jr of Non-Objection to Report and Recommendation (Garabedian, Charles) (Entered: 12/20/2021)

Dec. 20, 2021

Dec. 20, 2021

PACER

Case Details

State / Territory: Florida

Case Type(s):

Disability Rights

Education

Key Dates

Filing Date: June 22, 2021

Closing Date: July 5, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Five students who attended school in the School District of Palm Beach County and were subjected to involuntary examination or were at risk of involuntary examination. As well as, Disability Rights Florida, which is an independent non-profit corporation focused on ensuring the safety, wellbeing, and success of people with disabilities, and the Florida NAACP challenged the Baker Act.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Legal Services/Legal Aid

Southern Poverty Law Center

National Center for Youth Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

School District of Palm Beach County (Palm Beach), School District

School District of Palm Beach County Police Department (Palm Beach), School District

Chief of Police (Palm Beach, Palm Beach), School District

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Elementary/Secondary School

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process: Procedural Due Process

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 440,000

Issues

General/Misc.:

Education

Juveniles

Disability and Disability Rights:

Autism

Mental Illness, Unspecified

Mental impairment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Race discrimination

Affected Race(s):

Black

Jails, Prisons, Detention Centers, and Other Institutions:

Confinement/isolation

Medical/Mental Health Care:

Intellectual/Developmental Disability