University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
view search results
page permalink
Case Name D.R. ex rel. Richardson v. Michigan Department of Education ED-MI-0007
Docket / Court 2:16-cv-13694-AJT-APP ( E.D. Mich. )
State/Territory Michigan
Case Type(s) Education
Attorney Organization ACLU Chapters (any)
ACLU of Michigan
Case Summary
On October 18, 2016, families in Flint, Michigan filed this class-action lawsuit in U.S. District Court for the Eastern District of Michigan, against the Michigan Department of Education, Flint Community Schools, and the Genesee Intermediate School District. The plaintiffs sued under Individuals ... read more >
On October 18, 2016, families in Flint, Michigan filed this class-action lawsuit in U.S. District Court for the Eastern District of Michigan, against the Michigan Department of Education, Flint Community Schools, and the Genesee Intermediate School District. The plaintiffs sued under Individuals with Disabilities Education Act, 20 U.S.C. § 1400, § 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act. They alleged that the state of Michigan and local educators were in violation of federal law by not screening to identify students who need special education services and violating the rights of students with disabilities in the imposition of school discipline, including illegal suspensions and expulsions. The Flint parents and children were represented by the ACLU of Michigan and the White & Case law firm in New York City.

Specifically, the plaintiffs alleged that children attending these schools were at risk of developing a disability due to their prolonged exposure to lead. Despite that risk, the schools had a pattern and practice of systemically failing to provide ongoing screening and timely referrals for evaluations to identify qualifying disabilities. Also, the schools systematically failed to provide students with disabilities with safeguards and had a pattern of using unduly harsh disciplinary measures with students with disabilities, including physical restraints and seclusion techniques.

On December 2016, defendants filed a motion to dismiss.

On December 28, 2016, the court (Judge Arthur Tarnow) granted a stipulated order to extend time for all parties to file responsive pleadings. Plaintiffs were given until January 13, 2017 to file responsive pleadings to defendants, and defendants were given until February 3, 2017 to file reply briefs in support of their motions to dismiss.

The case is ongoing.

Ginny Lee - 02/02/2017


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Defendant-type
Elementary/Secondary School
Disability
disability, unspecified
General
Failure to supervise
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) Michigan Department of Education
Plaintiff Description Children (and parents of children) in Flint who have a disability or who are at risk of developing a disability due to prolonged exposure to elevated lead levels in the drinking water.
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU of Michigan
Class action status sought Yes
Class action status granted Pending
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
Additional Resources
click to show/hide detail
  Montgomery Public Schools
http://www.bazelon.org
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Blackman. v. District of Columbia
http://www.bazelon.org/blackman-v-district-of-columbia/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  S.S. v. Springfield Public Schools
http://www.bazelon.org/springfield-massachusetts-school-system/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Doe v. Pasadena Unified School District
http://www.bazelon.org/doe-v-pasadena-unified-school-district/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  A.J. v. Cesar Chavez Public Charter Schools
http://www.bazelon.org/a-j-v-cesar-chavez-public-charter-schools-et-al/
Date: 2017
By: Bazelon Center (Bazelon Center)
[ Detail ] [ External Link ]

Docket(s)
2:16−cv−13694−AJT−APP (E.D. Mich.)
ED-MI-0007-9000.pdf | Detail
Date: 12/10/2016
Source: PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint [ECF# 1]
ED-MI-0007-0001.pdf | Detail
Date: 10/18/2016
Source: PACER [Public Access to Court Electronic Records]
Judges Tarnow, Arthur J. (E.D. Mich.)
ED-MI-0007-9000
Plaintiff's Lawyers Korobkin, Daniel S. (Michigan)
ED-MI-0007-0001 | ED-MI-0007-9000
Little, Gregory (New York)
ED-MI-0007-0001 | ED-MI-0007-9000
Moss, Kary L. (Michigan)
ED-MI-0007-0001 | ED-MI-0007-9000
Steinberg, Michael J. (Michigan)
ED-MI-0007-0001 | ED-MI-0007-9000
Totten, Kristin (Michigan)
ED-MI-0007-0001 | ED-MI-0007-9000
Defendant's Lawyers Bennett, Katherine J. (Michigan)
ED-MI-0007-9000
Berg, Frederick A. (Michigan)
ED-MI-0007-9000
Comstock, Travis M. (Michigan)
ED-MI-0007-9000
Haynes, Timothy J. (Michigan)
ED-MI-0007-9000
Miller, John L. (Michigan)
ED-MI-0007-9000
Miller, Brett J. (Michigan)
ED-MI-0007-9000
Miller, Donald B. (Michigan)
ED-MI-0007-9000
Mullins, Timothy J. (Michigan)
ED-MI-0007-9000

- click to show/hide ALL -

new search
view search results
page permalink

- top of page -