University of Michigan Law School
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Case Name Jane Doe v. Hunter College MH-NY-0011
Docket / Court 1:04-cv-06740-SHS-HBP ( S.D.N.Y. )
State/Territory New York
Case Type(s) Mental Health (Facility)
Attorney Organization Bazelon Center
Case Summary
Plaintiff, a student at Hunter College of the City University of New York, referred to in this case as Jane Doe, brought this private lawsuit against the College on August 20, 2004. She also brought claims against the College's President, Jennifer Raab, and its Acting Vice President, Eija ... read more >
Plaintiff, a student at Hunter College of the City University of New York, referred to in this case as Jane Doe, brought this private lawsuit against the College on August 20, 2004. She also brought claims against the College's President, Jennifer Raab, and its Acting Vice President, Eija Ayravainen, in their individual capacities and their capacities as administrators of the College.

Plaintiff suffered from Major Depressive Disorder and was diagnosed with Attention Deficit Hyperactivity Disorder. In June of 2004, she attempted suicide in her dormitory room at the College. She had also overdosed on medication earlier that year while at school. Pursuant to a school policy stating that students who attempt suicide would be asked to take a leave of absence from their Residence Halls for a semester, following the incident on June 5, the College notified plaintiff that she would not be allowed to live in the dorm during the fall 2004 semester. The College also told her she would be required to visit with Deans and counselors on campus.

In her Amended Complaint, filed on October 7, 2004, plaintiff brought the following claims: 1) intentional discrimination under the Fair Housing Act; 2) intentional discrimination and failure to accommodate in violation of Title II of the Americans with Disabilities Act; and 3) intentional discrimination under Section 504 of the Rehabilitation Act. Plaintiff sought declaratory and injunctive relief as well as compensatory and punitive damages.

Defendants moved to dismiss the Amended Complaint on October 27, 2004, alleging that as a state institution, the College and its officials were protected by Eleventh Amendment immunity. On August 25, 2005, Judge Sidney H. Stein denied defendants' motion to dismiss and ordered the parties to begin discovery.

The parties engaged in negotiations and, on August 22, 2006, jointly filed a notice of voluntary dismissal. On the same day, the parties filed a Settlement Agreement. The Agreement indicated that defendants would pay a total of $100,000 in attorneys' fees and would pay approximately $63,000 in damages to plaintiff over a period of 48 months.

The case is closed.

Lauren Latterell Powell - 01/08/2018


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Issues and Causes of Action
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Issues
Defendant-type
College/University
Disability
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Housing
Mental Disability
Depression
Plaintiff Type
Private Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) Hunter College of the City University of New York
Plaintiff Description Student at Hunter College in NY who was forced to leave her dormitory after a suicide attempt.
Indexed Lawyer Organizations Bazelon Center
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Damages
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Filing Year 2004
Case Closing Year 2006
Case Ongoing No
Additional Resources
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  Jane Doe v. Hunter College
http://www.bazelon.org/jane-doe-v-hunter-college/
Date: 2017
By: The Bazelon Center
[ Detail ] [ External Link ]

Docket(s)
1:04-cv-06740-SHS-HBP (S.D.N.Y.)
MH-NY-0011-9000.pdf | Detail
Date: 08/22/2006
Source: PACER [Public Access to Court Electronic Records]
General Documents
Memorandum of Law in Support of Motion to Dismiss Plaintiff's Amended Complaint
MH-NY-0011-0004.pdf | Detail
Date: 10/27/2004
Plaintiff's Memorandum of Law in Opposition to a Motion to Dismiss
MH-NY-0011-0002.pdf | Detail
Date: 11/15/2004
Reply Memorandum of Law in Support of Motion to Dismiss Plaintiff's Amended Complaint
MH-NY-0011-0003.pdf | Detail
Date: 12/07/2004
Transcript of Civil Cause for Decision Before the Honorable Sydney H. Stein
MH-NY-0011-0006.pdf | Detail
Date: 08/25/2005
Order [ECF# 46] (S.D.N.Y.)
MH-NY-0011-0007.pdf | Detail
Date: 08/25/2005
Source: PACER [Public Access to Court Electronic Records]
Second Amended Complaint for Declaratory Judgment, Permanent Injunctive Relief and Damages
MH-NY-0011-0001.pdf | Detail
Date: 09/01/2005
Letter to Hunter College Office of Residential Life
MH-NY-0011-0005.pdf | Detail
Date: 08/15/2006
Stipulation of Settlement, General Release & Order of Dismissal [ECF# 57] (S.D.N.Y.)
MH-NY-0011-0008.pdf | Detail
Date: 08/22/2006
Source: PACER [Public Access to Court Electronic Records]
Judges Stein, Sidney H. (S.D.N.Y.)
MH-NY-0011-0006 | MH-NY-0011-0007 | MH-NY-0011-0008 | MH-NY-0011-9000
Plaintiff's Lawyers Allen, Michael (District of Columbia)
MH-NY-0011-0001 | MH-NY-0011-0002
Bower, Karen A. (District of Columbia)
MH-NY-0011-0001 | MH-NY-0011-0002 | MH-NY-0011-0008 | MH-NY-0011-9000
Goldfarb, David (New York)
MH-NY-0011-0001 | MH-NY-0011-0002 | MH-NY-0011-0006 | MH-NY-0011-0008 | MH-NY-0011-9000
Salzman, Ira (New York)
MH-NY-0011-0001 | MH-NY-0011-0002 | MH-NY-0011-0006
Defendant's Lawyers Blanchette, Antoinette W (New York)
MH-NY-0011-0005 | MH-NY-0011-0006 | MH-NY-0011-0008 | MH-NY-0011-9000
Spann, Kathryn Carter (New York)
MH-NY-0011-0003 | MH-NY-0011-0004 | MH-NY-0011-9000
Spitzer, Eliot (New York)
MH-NY-0011-0003 | MH-NY-0011-0004 | MH-NY-0011-0008

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