University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name S.R. v. Kenton County ED-KY-0002
Docket / Court 2:15-cv-00143-WOB-JGW ( E.D. Ky. )
State/Territory Kentucky
Case Type(s) Education
Attorney Organization ACLU Chapters (any)
Case Summary
On August 3, 2015, two minor children with disabilities filed this lawsuit in the U.S. District Court for the Eastern District of Kentucky. The plaintiffs sued under 42 U.S.C § 1983 and Title II of the Americans with Disabilities Act against the Kenton County Sheriff's Office and the Sheriff's ... read more >
On August 3, 2015, two minor children with disabilities filed this lawsuit in the U.S. District Court for the Eastern District of Kentucky. The plaintiffs sued under 42 U.S.C § 1983 and Title II of the Americans with Disabilities Act against the Kenton County Sheriff's Office and the Sheriff's Office's School Resource Officer. The plaintiffs, represented by the ACLU and private counsel, sought injunctive and declaratory relief, claiming the defendant used unnecessary and excessive physical restraint and handcuffing on the schoolchildren with disabilities. The plaintiffs alleged that the defendant's action was an unreasonable seizure and excessive force in violation of the Fourth and Fourteenth Amendments to the US Constitution. The plaintiffs also claimed that the defendants discrimination against the plaintiffs based on their disabilities and failed to accommodate their disabilities.

On September 9, 2015, the defendants filed a joint motion to dismiss for failure to state a claim. On September 30, 2015, the plaintiffs filed a cross motion for judgment on the pleadings.

The motion to dismiss was submitted to the chambers of the District Court judge on October 13, 2015. This case is ongoing as of October 18, 2015.

Maria Ricaurte - 10/18/2015


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Equal Protection
Disability
disability, unspecified
General
Excessive force
Failure to train
Restraints : physical
Medical/Mental Health
Intellectual/Developmental Disability
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
Defendant(s) Kenton County Sheriff's Office
Plaintiff Description Two minors with disabilities enrolled within elementary schools within the Covington Independent Public Schools District.
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted Moot
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
click to show/hide detail
Case Studies Courts and Kids: Pursuing Educational Equity Through the State Courts
By: Michael Rebell (Columbia University, and Campaign for Educational Equity)
Citation: (University of Chicago Press, 2009)
[ Detail ] [ External Link ]

Docket(s)
2:15-cv-00143-WOB-JGW (E.D. Ky.) 08/03/2015
ED-KY-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 08/03/2015
ED-KY-0002-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Bertelsman, William Odis (E.D. Ky.)
ED-KY-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Center, Claudia B. (California)
ED-KY-0002-0001 | ED-KY-0002-9000
Howard, Rickell L. (Kentucky)
ED-KY-0002-0001 | ED-KY-0002-9000
Meyer, Robert Kenyon (Kentucky)
ED-KY-0002-0001 | ED-KY-0002-9000
Mizner, Susan (California)
ED-KY-0002-9000
Sharp, William E. (Kentucky)
ED-KY-0002-0001 | ED-KY-0002-9000
Defendant's Lawyers Harris, Drew Cameron (Kentucky)
ED-KY-0002-9000
Nordloh, Christopher Scott (Kentucky)
ED-KY-0002-9000
Reed, Jason Vincent (Kentucky)
ED-KY-0002-9000
Sanders, Justin A. (Kentucky)
ED-KY-0002-9000
Sanders, Delana S. (Kentucky)
ED-KY-0002-9000
Sanders, Robert E. (Kentucky)
ED-KY-0002-9000
Smith, Matthew C. (Kentucky)
ED-KY-0002-9000
Smith, Thomas C. (Kentucky)
ED-KY-0002-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -