J.M., by and through G.M. and W.S., et al. v. Ozark Horizon State School, et al.

Summary

The United States District Court for the Western District of Missouri granted defendants’ motion for judgment on the pleadings as to the plaintiffs’ claims under Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and negligent infliction of emotional distress. The court held that the complaint did not plausibly allege disability-based exclusion or discrimination and that the negligent infliction of emotional distress claim belonged to the child’s parents individually rather than to the minor plaintiff through his next friends. Judgment was entered for defendants on Counts III, IV, and VIII.

Holdings

1. The complaint failed to state a Title II ADA claim because it did not allege nonconclusory facts showing that J.M. was excluded from participation in, denied the benefits of, or otherwise discriminated against in school services, programs, or activities by reason of his disability.
2. The complaint failed to state a Section 504 Rehabilitation Act claim because it did not allege factual matter showing that J.M. was excluded from or denied program benefits, or discriminated against, by reason of his disability.
3. J.M. could not assert his parents' negligent infliction of emotional distress claim because the alleged emotional injuries were suffered by his parents, not by J.M.; as next friends, the parents could assert claims on behalf of J.M. but not their own individual claims in this action.

Questions Presented

1. Whether Plaintiffs' allegations plausibly stated a claim under Title II of the Americans with Disabilities Act by alleging exclusion from or denial of school benefits, services, programs, or activities by reason of J.M.'s disability.
2. Whether Plaintiffs' allegations plausibly stated a claim under Section 504 of the Rehabilitation Act by alleging that J.M. was denied program benefits and discriminated against based on his disability.
3. Whether J.M., through his parents as next friends, could assert a negligent infliction of emotional distress claim based on emotional injuries allegedly suffered by his parents.

Disposition

other