On October 11, 2013, children with disabilities enrolled in New York City public schools, filed this lawsuit against the New York Department of Education in the U.S. District Court for the Southern District of New York. The plaintiffs sued under 42 U.S.C. §1983, Title II of the Americans with Disabilities Act, §504 of The Rehabilitation Act, and the Individuals with Disabilities Act. The plaintiffs alleged that the school district had forcibly interrupted the education of students with disabilities through repeated misuse of emergency medical services (EMS) to remove these students from school even though they were not in need of medical care. Instead, the district relied on EMS to address disruptive behavior. The plaintiffs also alleged this practice was unconstitutional under the Fourth and Fourteenth Amendments and that it violated state law and city regulations. The plaintiffs sought declaratory and injunctive relief to halt this practice, as well as damages and attorneys’ fees. The plaintiffs were represented by Legal Services NYC and private counsel.

On March 18, 2014, the plaintiffs filed an amended complaint, adding five additional plaintiff-parents and their children as well as new factual details.

On March 31, 2014, the defendants filed a motion to dismiss for lack of jurisdiction.

April 7, 2014 – referring case to magistrate judge James L. Cott for settlement. From June 30, 2014 through November 6, 2014, the parties held five settlement conferences in front of Magistrate Judge Cott. In light of the settlement conferences, the defendants removed their motion to dismiss for lack of jurisdiction on September 24, 2014.

On December 15, 2014, the parties entered a settlement agreement that required policy changes and training for the defendant, as well as reporting requirements throughout the stipulation period that runs until June 30, 2018. In addition to injunctive relief, the defendant won $502,621.7 in emotional damages and out-of-pocket costs for eleven plaintiff-children and their parents and $613,000 in attorneys fees. The terms of agreement were enforceable by the court.

On January 14, 2015, Magistrate Judge Cott approved all the individual plaintiffs’ infant compromises, which outlined how the plaintiff parents would use the plaintiff children’s damages money. Most put the money into trusts for their chidlrens’ future use. Although the court maintains jurisdiction to monitor the settlement, all the disputes are now resolved.

Sean Mulloy - 10/01/2017


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