Case: Perez v. Sturgis Public Schools

1:18-cv-01134 | U.S. District Court for the Western District of Michigan

Filed Date: Oct. 2, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 2, 2018, a deaf student filed this lawsuit in the U.S. District Court for the Western District of Michigan against Sturgis Public Schools and the Sturgis Public Schools Board of Education. The plaintiff was represented by Michigan’s Protection and Advocacy (P&A) Service and the National Association of the Deaf Law and Advocacy Center. The plaintiff sued under Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (the ADA), and Michigan’s Persons with Disabilities…

On October 2, 2018, a deaf student filed this lawsuit in the U.S. District Court for the Western District of Michigan against Sturgis Public Schools and the Sturgis Public Schools Board of Education. The plaintiff was represented by Michigan’s Protection and Advocacy (P&A) Service and the National Association of the Deaf Law and Advocacy Center. The plaintiff sued under Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (the ADA), and Michigan’s Persons with Disabilities Civil Rights Act (PDCRA). The complaint asked for damages and attorneys’ fees, and equitable and injunctive relief.

The complaint alleged that the defendants discriminated against the plaintiff while he was a student in Sturgis Public Schools by failing to provide a qualified sign language interpreter and failing to provide access to social events and other extracurricular activities. Per the complaint, from 2004 to 2016, the defendants failed to provide the plaintiff with the auxiliary services necessary for him to participate in school. Further, when the plaintiff first arrived at Sturgis in 2004, he did not speak English and only spoke Spanish at home, but Sturgis did not provide English Language Learner (ELL) services. The complaint alleged that Sturgis provided ELL services to all other students who spoke a non-English language at home, but did not do so for the plaintiff, solely because he is deaf. The complaint also alleged that the plaintiff relied on signing to communicate, but instead of providing a qualified sign language interpreter to enable the plaintiff to engage in the classroom, Sturgis assigned an educational assistant who did not know sign language and had no relevant credentials. This educational assistant was the plaintiff’s only communication facilitator from 2006-2015. During that time, Sturgis allegedly provided qualified sign language interpreters to another deaf student. The plaintiff’s parents, who did not speak English, relied on Sturgis’ representations that the educational assistant was qualified to work with the plaintiff. They only saw that their son was receiving A’s and B’s in all of his classes, which misrepresented the plaintiff’s access to what was being taught in class. The plaintiff did not know that the educational assistant was not qualified, because he did not know English sign language and had never worked with a qualified sign interpreter. The plaintiff allegedly had such little access to education that by 2016, he could not read or write, and did not know the words for many of the foods he regularly ate.

In 2015, Sturgis took away the educational assistant and enrolled the plaintiff in “web-based learning,” despite the plaintiff’s inability to read or write. The complaint alleged that Sturgis did this solely because the plaintiff was deaf. Because they thought his classes had been fully accessible, the plaintiff’s parents believed that the plaintiff would be graduating with a high school diploma. Instead, Sturgis gave the plaintiff a certificate of completion. The plaintiff claimed that he was deprived of the equal opportunity to receive education and that as a result of the defendants’ violation of Section 504 of the Rehabilitation Act he suffered severe emotional distress. The case was assigned to Judge Paul L. Maloney. 

On December 3, 2018, the plaintiff filed an amended complaint, which added information on his administrative due process claim that had been filed prior to the court complaint and that had alleged violations of the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, the ADA, the PDCRA, and Michigan Administrative Rules for Special Education (MARSE). Adjudication pursuant to IDEA and MARSE may occur in administrative proceedings, rather than in court. On May 18, 2018, the administrative law judge had dismissed all claims brought pursuant to the ADA, the Rehabilitation Act, and the PDCRA for lack of jurisdiction. On August 15, 2018, the administrative law judge dismissed with prejudice all claims brought under IDEA and MARSE, after the parties reached an agreement resolving those claims. It was after the conclusion of this administrative procedure that the plaintiff filed this action in district court.

On December 20, 2018, the defendants filed a motion to dismiss, arguing that the plaintiff had not exhausted his administrative remedies prior to filing suit in court, as required by IDEA. On June 20, 2019, Magistrate Judge Ray Kent filed a report and recommendation, finding that IDEA’s exhaustion requirement—the requirement that a plaintiff exhaust all administrative remedies before filing suit in court—applied to this case because IDEA’s exhaustion requirement hinges on whether a lawsuit seeks relief for the denial of a free appropriate public education (FAPE). Since the plaintiff alleged such a denial, by alleging the defendants’ failure to provide him a certified sign language interpreter, the exhaustion requirement applied. Although IDEA did not preclude relief under other statutes like the ADA or Rehabilitation Act, if the relief sought under such statutes in a court case was also available under IDEA, administrative remedies must be exhausted first. Dismissal of his IDEA claim by the administrative law judge did not constitute exhaustion of all of his FAPE-related claims. Thus, the magistrate judge recommended that the court grant the defendants’ motion to dismiss.

On December 19, 2019, the court adopted the magistrate judge’s report and recommendation as the opinion of the court and granted the motion to dismiss. The plaintiff appealed this dismissal to the U.S. Court of Appeals for the Sixth Circuit on January 17, 2020. On June 25, 2021, the Sixth Circuit affirmed the decision of the district court to dismiss this action. When seeking relief under IDEA, the main consideration was the nature of the harm, not the kind of relief sought, meaning that a lawsuit that sought relief for the denial of a FAPE was subject to the exhaustion requirement, even if it requested a remedy the IDEA did not allow. Here, the plaintiff’s core complaint is that the school denied him a FAPE, so his suit sought relief that is available under IDEA. Thus, because the suit sought relief available under IDEA, the decision to settle precluded the plaintiff from bringing a similar case against the school in federal court, even under a different federal law. 3 F.4th 236.

On December 17, 2021, the plaintiff filed a petition for a writ of certiorari to the United States Supreme Court. On October 11, 2022, the Supreme Court agreed to hear the case. The Court heard oral argument on January 18, 2023. On March 21, 2023, in a unanimous opinion authored by Justice Gorsuch, the Supreme Court ruled in favor of the plaintiff, reversing the lower court’s decision and remanding for further proceedings. Using strict textual analysis, the Court found that generally, the text of IDEA barred individuals from “seeking relief” under other federal laws unless they first exhausted administrative remedies. But this limiting language did not apply to all suits seeking relief that other federal laws provided. The statute's administrative exhaustion requirement applied only to suits that sought relief also available under IDEA. That condition was not met in the current case, where the plaintiff brought a suit under another federal law for compensatory damages—a form of relief that all parties agreed IDEA does not provide. Thus, the Court held that IDEA’s exhaustion requirement did not preclude the plaintiff’s ADA lawsuit because the relief sought in the ADA case—compensatory damages—was not something IDEA could provide. 598 U.S. 142.

As of April 2, 2023, the case was ongoing in the district court.

Summary Authors

Kady Matsuzaki (4/2/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7984676/parties/perez-v-sturgis-public-schools/


Judge(s)

Maloney, Paul Lewis (Michigan)

Attorney for Plaintiff

Cody, Mark A. (Michigan)

Jackson, Caroline Elaine (Michigan)

Attorney for Defendant

Chapie, Kenneth B. (Michigan)

Mullins, Timothy J. (Michigan)

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Documents in the Clearinghouse

Document
1

1:18-cv-01134

Complaint

Oct. 2, 2018

Oct. 2, 2018

Complaint
10

1:18-cv-01134

Plaintiff's First Amended Complaint

Dec. 3, 2018

Dec. 3, 2018

Complaint
19

1:18-cv-01134

Report and Recommendation

June 20, 2019

June 20, 2019

Magistrate Report/Recommendation
34

20-01076

Opinion

U.S. Court of Appeals for the Sixth Circuit

June 25, 2021

June 25, 2021

Order/Opinion

3 F.4th 3

21-00887

Opinion of the Court

Supreme Court of the United States

March 21, 2023

March 21, 2023

Order/Opinion

598 U.S. 598

41

1:18-cv-01134

On Remand from the United States Supreme Court

U.S. Court of Appeals for the Sixth Circuit

April 24, 2023

April 24, 2023

Order/Opinion

2023 WL 2023

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7984676/perez-v-sturgis-public-schools/

Last updated April 7, 2024, 3:18 a.m.

ECF Number Description Date Link Date / Link

Filing Fee (Civil Case) - Credit Card Payment

Oct. 2, 2018

Oct. 2, 2018

PACER

Attorney Appearance

Oct. 2, 2018

Oct. 2, 2018

PACER

FILING FEE PAID re 1 by plaintiff Maria Perez in the amount of $400, receipt number 0646-4253380 (Cody, Mark) Modified text on 10/2/2018 (jlg)

Oct. 2, 2018

Oct. 2, 2018

PACER
1

COMPLAINT with jury demand against All Defendants filed by Maria Perez (Cody, Mark) Modified text on 10/2/2018 (jlg) (Entered: 10/02/2018)

Oct. 2, 2018

Oct. 2, 2018

Clearinghouse
2

PROPOSED SUMMONS to be issued re 1 (Cody, Mark) (Entered: 10/02/2018)

Oct. 2, 2018

Oct. 2, 2018

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Mitchell David Sickon on behalf of plaintiff Maria Perez (Sickon, Mitchell) Modified text on 10/2/2018 (jlg)

Oct. 2, 2018

Oct. 2, 2018

PACER
3

SUMMONS ISSUED as to defendants Sturgis Public Schools, Sturgis Public Schools Board of Education (clw) (Entered: 10/03/2018)

Oct. 3, 2018

Oct. 3, 2018

PACER
4

NOTICE that this case has been assigned Paul L. Maloney (clw) (Entered: 10/03/2018)

Oct. 3, 2018

Oct. 3, 2018

RECAP

Attorney Appearance

Oct. 12, 2018

Oct. 12, 2018

PACER
5

SUMMONS returned executed; Sturgis Public Schools Board of Education served on 10/9/2018, answer due 10/30/2018 (Cody, Mark) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
6

SUMMONS returned executed; Sturgis Public Schools served on 10/9/2018, answer due 10/30/2018 (Cody, Mark) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Caroline Elaine Jackson on behalf of plaintiff Maria Perez (Jackson, Caroline)

Oct. 12, 2018

Oct. 12, 2018

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Timothy J. Mullins on behalf of defendants Sturgis Public Schools, Sturgis Public Schools Board of Education (Mullins, Timothy)

Nov. 6, 2018

Nov. 6, 2018

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Kenneth B. Chapie on behalf of defendants Sturgis Public Schools, Sturgis Public Schools Board of Education (Chapie, Kenneth)

Nov. 6, 2018

Nov. 6, 2018

PACER

Attorney Appearance

Nov. 6, 2018

Nov. 6, 2018

PACER
7

MOTION for leave to file Plaintiff's First Amended Complaint by plaintiff Maria Perez; (Attachments: # 1 Exhibit 1) (Cody, Mark) Modified text on 11/19/2018 (clw). (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
8

MOTION to dismiss by defendants Sturgis Public Schools, Sturgis Public Schools Board of Education; (Attachments: # 1 Index, # 2 Exhibit 1. Due Process Complaint, # 3 Exhibit 2. Opinion and Order re Richards v Sturgis, # 4 Exhibit 3. Christine v Espanola Public Schools) (Mullins, Timothy) (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER
9

ORDER granting 7 motion for leave to file amended complaint; the Clerk of Court shall accept the proposed document for filing; dismissing as moot 8 motion to dismiss; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER
10

AMENDED COMPLAINT against Sturgis Public Schools, Sturgis Public Schools Board of Education filed by Maria Perez (clw) (Entered: 12/04/2018)

Dec. 3, 2018

Dec. 3, 2018

Clearinghouse
11

MOTION to dismiss for failure to state a claim by defendant Sturgis Public Schools; (Attachments: # 1 Index, # 2 Exhibit 1. Due Process Complaint, # 3 Exhibit 2. Opinion and Order re Richards v Sturgis, # 4 Exhibit 3. Christine v Espanola Public Schools) (Mullins, Timothy) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER

(NON-DOCUMENT) ORDER REFERRING MOTION to dismiss for failure to state a claim 11 to Magistrate Judge Ray Kent pursuant to 28 U.S.C. 636(b)(1)(B) (Judge Paul L. Maloney, acr)

Jan. 2, 2019

Jan. 2, 2019

PACER

Order Referring Motion to Magistrate Judge (Non-Document)

Jan. 2, 2019

Jan. 2, 2019

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Caroline Elaine Jackson on behalf of plaintiff Maria Perez and/or Miguel Perez (Jackson, Caroline)

Jan. 7, 2019

Jan. 7, 2019

PACER

Attorney Appearance

Jan. 7, 2019

Jan. 7, 2019

PACER
12

RESPONSE TO MOTION to dismiss for failure to state a claim 11 filed by Maria Perez (Attachments: # 1 Index Index of Exhibits, # 2 Exhibit A - Plaintiff's Proposed Secod Amended Complaint, # 3 Exhibit B - Order Following Prehearing Conference) (Sickon, Mitchell) (Entered: 01/17/2019)

Jan. 17, 2019

Jan. 17, 2019

PACER
13

REPLY to response to motion 11 filed by Sturgis Public Schools (Mullins, Timothy) (Entered: 01/31/2019)

Jan. 31, 2019

Jan. 31, 2019

PACER

(NON-DOCUMENT) ORDER REFERRING MOTION to dismiss for failure to state a claim 11 to Magistrate Judge Ray Kent pursuant to 28 U.S.C. 636(b)(1)(B) (Judge Paul L. Maloney, acr)

Feb. 4, 2019

Feb. 4, 2019

PACER

Order Referring Motion to Magistrate Judge (Non-Document)

Feb. 4, 2019

Feb. 4, 2019

PACER
14

MOTION for leave to file Sur-Reply by plaintiff Maria Perez; (Sickon, Mitchell) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

PACER
15

SURREPLY TO MOTION to dismiss for failure to state a claim 11 filed by Maria Perez (Attachments: # 1 Exhibit A - Affidavit) (Sickon, Mitchell) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

PACER

(NON-DOCUMENT) ORDER REFERRING MOTION for leave to file Sur-Reply 14 to Magistrate Judge Ray Kent pursuant to 28 U.S.C. 636(b)(1)(A) (Judge Paul L. Maloney, acr)

Feb. 25, 2019

Feb. 25, 2019

PACER

Order Referring Motion to Magistrate Judge (Non-Document)

Feb. 25, 2019

Feb. 25, 2019

PACER
16

ORDER granting 14 motion for leave to file sur-reply; signed by Magistrate Judge Ray Kent (Magistrate Judge Ray Kent, fhw) (Entered: 04/10/2019)

April 10, 2019

April 10, 2019

PACER
17

MOTION to withdraw as attorney by plaintiff Maria Perez; (Attachments: # 1 Affidavit) (Jackson, Caroline) (Entered: 04/18/2019)

April 18, 2019

April 18, 2019

PACER
18

ORDER granting 17 attorney Caroline E. Jackson's motion to withdraw as attorney of record for plaintiff; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 04/23/2019)

April 23, 2019

April 23, 2019

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Ellen Marjorie Saideman on behalf of plaintiff Maria Perez (Saideman, Ellen)

June 14, 2019

June 14, 2019

PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Brittany Lay Shrader on behalf of plaintiff Maria Perez (Shrader, Brittany)

June 14, 2019

June 14, 2019

PACER

Attorney Appearance

June 14, 2019

June 14, 2019

PACER
19

REPORT AND RECOMMENDATION re 10, 11 ; objections to R&R due within 14 days; signed by Magistrate Judge Ray Kent (Magistrate Judge Ray Kent, fhw) (Entered: 06/20/2019)

June 20, 2019

June 20, 2019

Clearinghouse
20

MOTION to dismiss for failure to state a claim with brief in support by defendants Sturgis Public Schools, Sturgis Public Schools Board of Education; (Mullins, Timothy) Modified text on 7/1/2019 (clw). (Entered: 06/28/2019)

June 28, 2019

June 28, 2019

PACER
21

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to dismiss for failure to state a claim 20 filed by Sturgis Public Schools, Sturgis Public Schools Board of Education (Mullins, Timothy) (Entered: 06/28/2019)

June 28, 2019

June 28, 2019

PACER
22

MOTION for extension of time to file objections to the Magistrate's Report and Recommendations by plaintiff Maria Perez; (Attachments: # 1 Proposed Order) (Saideman, Ellen) (Entered: 07/01/2019)

July 1, 2019

July 1, 2019

PACER
23

CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for extension of time to file objections to the Magistrate's Report and Recommendations 22 filed by Maria Perez (Saideman, Ellen) (Entered: 07/01/2019)

July 1, 2019

July 1, 2019

PACER
24

ORDER granting 22 motion for extension of time for plaintiff to file objections to report and recommendation; deadline extended to 7/22/2019; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 07/02/2019)

July 2, 2019

July 2, 2019

PACER
25

OBJECTION by plaintiff Maria Perez to Report and Recommendation 19 (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3) (Sickon, Mitchell) Modified text on 7/23/2019 (clw). (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

PACER
26

RESPONSE TO MOTION to dismiss for failure to state a claim 20 filed by Maria Perez (Attachments: # 1 Exhibit A) (Sickon, Mitchell) (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

PACER
27

REPLY to response to motion 20 filed by Sturgis Public Schools, Sturgis Public Schools Board of Education (Mullins, Timothy) (Entered: 08/05/2019)

Aug. 5, 2019

Aug. 5, 2019

PACER
28

RESPONSE TO OBJECTION to Report and Recommendation 25 by defendants Sturgis Public Schools, Sturgis Public Schools Board of Education (Mullins, Timothy) (Entered: 08/05/2019)

Aug. 5, 2019

Aug. 5, 2019

PACER
29

OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION 19,Granting 11 ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

RECAP
30

ORDER granting 20 motion to dismiss; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

RECAP
31

JUDGMENT; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

RECAP

Receipt (Appeal Fee)

Jan. 17, 2020

Jan. 17, 2020

PACER
32

NOTICE OF APPEAL re 30, 29, 31 by plaintiff Maria Perez (Sickon, Mitchell) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

RECAP

RECEIPT: USCA appeal fee re 32 by plaintiff Maria Perez in the amount of $505, receipt number AMIWDC-4814517 (pay.gov) (kw)

Jan. 17, 2020

Jan. 17, 2020

PACER

CASE NUMBER 20-1076 assigned by the Sixth Circuit to appeal 32 (mkc)

Jan. 23, 2020

Jan. 23, 2020

PACER

Appellate Court Case Number

Jan. 23, 2020

Jan. 23, 2020

PACER
33

LETTER FROM CCA regarding appeal 32 indicating Civil Case Docketed (clw) (Entered: 01/23/2020)

Jan. 23, 2020

Jan. 23, 2020

PACER
34

OPINION of USCA re appeal 32 affirming the district court's decision (jem) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

RECAP
35

JUDGMENT of USCA re appeal 32 ; mandate to issue (jem) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

RECAP
36

MANDATE of USCA re appeal 32 indicating costs as none (jem) (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

PACER
37

LETTER from Supreme Court of the United States that a petition for writ of certiorari was filed by plaintiff Perez on December 13, 2021 and assigned case number 21-887 re Notice of Appeal 32 (slk) (Entered: 12/21/2021)

Dec. 17, 2021

Dec. 17, 2021

RECAP
38

LETTER from Supreme Court of the United States that the petition for writ of certiorari is granted re Notice of Appeal 32 (slk) (Entered: 10/12/2022)

Oct. 11, 2022

Oct. 11, 2022

Clearinghouse
39

SLIP OPINION of the U.S. Supreme Court re appeal 32 (the judgment from the Court of Appeals is reversed and the case is remanded to the Court of Appeals for further proceeding) (slk) (Entered: 03/24/2023)

March 23, 2023

March 23, 2023

PACER
40

SUPREME COURT JUDGMENT re appeal 32 (slk) (Entered: 04/24/2023)

April 24, 2023

April 24, 2023

PACER
41

ORDER of USCA (certified copy) re appeal 32 vacating the judgment of the district court and remanding the case for further proceedings consistant with the opinion of the Supreme Court ; mandate to issue (slk) (Entered: 04/24/2023)

April 24, 2023

April 24, 2023

Clearinghouse
42

MANDATE of USCA re appeal 32 (slk) (Entered: 04/24/2023)

April 24, 2023

April 24, 2023

PACER
43

STATUS REPORT ORDER: joint status report due by 5/26/2023; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 04/27/2023)

April 27, 2023

April 27, 2023

PACER
44

JOINT STATUS REPORT submitted for filing by plaintiff Maria Perez (Saideman, Ellen) (Entered: 05/24/2023)

May 24, 2023

May 24, 2023

PACER
45

ORDER regarding settlement conference: settlement conference set for 9/12/2023 at 09:00 AM by video before Magistrate Judge Phillip J. Green; signed by Magistrate Judge Phillip J. Green (jkw) (Entered: 07/31/2023)

July 31, 2023

July 31, 2023

PACER
46

(RESTRICTED ACCESS) DOCUMENT Zoom Link [Access to this document is available to the Court and attorney(s) for Maria Perez, Sturgis Public Schools, Sturgis Public Schools Board of Education only] (ald) (Entered: 09/08/2023)

Sept. 8, 2023

Sept. 8, 2023

PACER
47

ANSWER to Amended Complaint 10 with affirmative defenses and jury demand by Sturgis Public Schools, Sturgis Public Schools Board of Education (Mullins, Timothy) (Entered: 09/08/2023)

Sept. 8, 2023

Sept. 8, 2023

PACER
48

MINUTES held before Magistrate Judge Phillip J. Green of settlement conference held via Video; Case settled; Order to enter regarding dismissal papers (Portions Digitally Recorded) (ald) (Entered: 09/13/2023)

Sept. 12, 2023

Sept. 12, 2023

PACER
49

ORDER requiring dismissal papers to be submitted by 10/4/2023; signed by Magistrate Judge Phillip J. Green (ald) (Entered: 09/13/2023)

Sept. 13, 2023

Sept. 13, 2023

PACER
50

CONSENT MOTION for extension of time to file stipulation of dismissal by plaintiff Miguel Luna Perez; (Saideman, Ellen) (Entered: 10/03/2023)

Oct. 3, 2023

Oct. 3, 2023

PACER
51

ORDER regarding Motion for Extension of Time to File 50 and certificate of concurrence; motion held in abeyance pending filing of certificate; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 10/04/2023)

Oct. 4, 2023

Oct. 4, 2023

PACER
52

CERTIFICATE regarding compliance with LCivR 7.1(d) re CONSENT MOTION for extension of time to file stipulation of dismissal 50 filed by Miguel Luna Perez (Sickon, Mitchell) (Entered: 10/04/2023)

Oct. 4, 2023

Oct. 4, 2023

PACER
53

ORDER granting 50 motion for extension of time to file stipulation of dismissal; deadline extended to 10/18/2023; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 10/04/2023)

Oct. 4, 2023

Oct. 4, 2023

PACER
54

PROPOSED STIPULATION and ORDER of Dismissal with Prejudice by plaintiff Miguel Luna Perez (Sickon, Mitchell) (Entered: 10/18/2023)

Oct. 18, 2023

Oct. 18, 2023

PACER
55

STIPULATION AND ORDER of dismissal; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) (Entered: 10/18/2023)

Oct. 18, 2023

Oct. 18, 2023

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Disability Rights

Education

Key Dates

Filing Date: Oct. 2, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A deaf student who attended Sturgis Public Schools from 2004-2016.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Sturgis Public Schools (St. Joseph), School District

Sturgis Public Schools Board of Education (St. Joseph), School District

Defendant Type(s):

Jurisdiction-wide

Elementary/Secondary School

Case Details

Causes of Action:

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

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

State Anti-Discrimination Law

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Communication skills

Education

Juveniles

Language access/needs

Staff (number, training, qualifications, wages)

Disability and Disability Rights:

Reasonable Accommodations

Special education

Hearing impairment

Environmental Justice and Resources:

Effective Communication (ADA)

Discrimination-basis:

Disability (inc. reasonable accommodations)