Jane Doe, on behalf of her minor child, Sarah Doe v. Webster Central School District, Brian Neenan, Margaret Callahan, M.D., and Chris Callahan

Summary

The United States District Court for the Western District of New York denied Jane Doe’s motion for a preliminary injunction seeking to allow her minor daughter to attend school without receiving the Tdap vaccine. The court held that although exclusion from school constituted irreparable harm, the plaintiff had not shown a likelihood of success on her ADA or Rehabilitation Act claims because the record did not establish a qualifying disability or a medically supported contraindication to vaccination. The court also indicated that it would decline supplemental jurisdiction over the related New York Article 78 claim absent viable federal claims.

Holdings

1. The motion for a preliminary injunction was denied because plaintiff failed to establish a likelihood of success on the merits, notwithstanding the court's finding that exclusion from school constituted irreparable harm.
2. Plaintiff failed to show a likelihood of success on the ADA and Rehabilitation Act claims because the record did not establish that Sarah had a physical or mental impairment substantially limiting a major life activity, or that defendants excluded her because of a disability.
3. The court declined to exercise supplemental jurisdiction over the Article 78 claim because the federal claims were unlikely to succeed and Article 78 proceedings are generally matters for New York state courts.

Questions Presented

1. Whether plaintiff established the requirements for a preliminary injunction allowing her daughter to attend school without receiving the Tdap vaccine.
2. Whether plaintiff showed a likelihood of success on her ADA and Rehabilitation Act claims by demonstrating that Sarah was a qualified individual with a disability and was excluded because of that disability.
3. Whether the court should exercise supplemental jurisdiction over plaintiff's New York Article 78 claim challenging the denial of the medical exemption.

Disposition

other