Filed Date: Dec. 4, 2023
Case Ongoing
Clearinghouse coding complete
This is a case about the alleged excessive use of restraint and seclusion practices on disabled students. On Dec. 4, 2023, two parents, individually and as representatives of their minor child, filed this lawsuit in the U.S. District Court for the District of Alaska. They sued the Matanuska-Susitna Borough School District under the Americans with Disabilities Act, the Rehabilitation Act of 1973, and Alaksan state laws. Represented by private counsel, they sought injunctive relief, damages, and class action status, seeking to represent a subclass of current MSBSD students with disabilities who have experienced restraint or seclusion by district personnel and a subclass of parents and guardians of these students. They claimed that the school district's practices were unnecessarily punitive and violated both federal and state laws.
The complaint outlined numerous instances where the minor child, who has developmental delays and behavioral challenges, was subjected to these practices, often without the parents being informed in a timely manner. It detailed specific incidents where the minor child was secluded or restrained and argued that these actions were unnecessary and punitive and did not address the underlying behavioral issues. The plaintiffs argued that the school district's reliance on restraint and seclusion led to physical and psychological harm to the minor child and other students, deprived them of educational opportunities, and discriminated against them based on their disabilities.
On Dec. 5, 2023, pursuant to the system of random case assignments, this action was administratively reassigned to District Judge Joshua M. Kindred for all further proceedings.
The parties stipulated to a protective on March 25, 2024, as they prepared to enter into discovery.
Summary Authors
(1/27/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68060587/parties/land-v-matanuska-susitna-borough-school-district/
Holland, Hezekiah Russel (Alaska)
Dudukgian, Goriune (Alaska)
Feronti, Nicholas Clark (Alaska)
Palmer, Aneliese K. (Alaska)
Sandone, Megan N. (Alaska)
See docket on RECAP: https://www.courtlistener.com/docket/68060587/land-v-matanuska-susitna-borough-school-district/
Last updated Jan. 30, 2025, 11:07 a.m.
State / Territory: Alaska
Case Type(s):
Key Dates
Filing Date: Dec. 4, 2023
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Plaintiff seeks to represent a subclass composed of all current MSBSD students with an identified disability (including, but not limited to, students with an IEP or 504 plan) who have been subjected to a “restraint” or “seclusion” by District personnel as those terms are defined under AS 14.33.125(g). Plaintiff and the members of this proposed subclass are collectively called the “Student Subclass” in this Complaint. Parent Plaintiffs seek to represent a subclass composed of all parents and legal guardians of current MSBSD students with an identified disability (including, but not limited to, students with an IEP or 504 plan) who were subjected to a “restraint” or “seclusion” by District personnel, as those terms are defined under AS 14.33.125(g). Parent Plaintiffs and the members of this proposed subclass are collectively called the “Parent Subclass” in this complaint
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Pending
Defendants
Matanuska-Susitna Borough School District (Matanuska-Susitna), School District
Defendant Type(s):
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
Ex parte Young (federal or state officials)
Constitutional Clause(s):
Unreasonable search and seizure
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General/Misc.:
Disability and Disability Rights:
Developmental disability without intellectual disability
Intellectual/developmental disability, unspecified
Discrimination Basis:
Disability (inc. reasonable accommodations)
Jails, Prisons, Detention Centers, and Other Institutions:
Medical/Mental Health Care: