In this suit, recorded to the , the fresh new plaintiffs, A good.C., J.C., and you can B.C. (collectively referred to as “the plaintiffs”), claim that defendant, the brand new Shelby State Panel away from Degree (“SCBE”), of the and you may due to their personnel, unlawfully retaliated from the plaintiffs inside citation from Area 504 off the latest Rehab Act (“Section 504”), 30 You.S.C. § 794, and you can Identity II of the American having Disabilities Operate (“ADA”), 42 You.S.C. § 12203. Brand new people features decided to the new legislation of one’s All of us Magistrate Court. Up until the courtroom are SCBE’s motion to own realization view regarding the plaintiffs’ says. With the factors that go after, this new legal discovers zero issues away from thing fact hence SCBE try permitted wisdom due to the fact a matter of law.

I. Undisputed Products

Into the reason for the fresh new summary view motion, the new courtroom discovers the next facts undeniable. An effective.C. is actually an old pupil off Bon Lin Elementary College (“Bon Lin”), a school manage of the SCBE. (D.Elizabeth. 25, at the 1.) Good.C. was eight-yrs old possesses Sort of step 1 all forms of diabetes and you can a good peanut allergy. (D.Elizabeth. 25, within 5.) B.C. and you may J.C. are A great.C.is the reason father and mother respectively. (D.Age. 25, within dos.) While you are An effective.C. went to Bon Lin, Kay Williams (“Williams”) was the principal and you will Tom McClellan (“McClellan”) try the secretary prominent and Section 504 planner. (D.Elizabeth. 30-4, at the 27-28; D.Age. 30-5, in the 20.)

Into the Spanking Sites dating , prior to A great.C. went to kindergarten, Bon Lin didn’t have a nurse into group to help you care and attention to have a form step 1 diabetic kid or a proper Individualized Health Package (“IHP”) to cope with An effective.C.’s the reason health problem. (D.Age. 35-10, during the dos-4.) To treat this, An effective.C.is the reason moms and dads tried to contact the brand new Shelby County Wellness Company (“SCHD”), which provides breastfeeding functions to SCBE schools. (D.Elizabeth. 35-10, on 2-step three.) Whenever you are an official package was not accompanied, a couple SCHD nurses, Barbara Duddy (“Nursing assistant Duddy”) and you can Constance Brownish (“Nursing assistant Brownish”) decided to go to brand new plaintiffs’ home, that has been the process when it comes down to this new student which have a disability. (D.Age. 30-5, within step 3.) J.C. questioned numerous renting, as well as the full-day nursing assistant to own Bon Lin which Bon Lin end up being an effective peanut-free school. (D.Elizabeth. 30-5, at step 3, nine.) At that fulfilling, it actually was as well as decided that J.C., which failed to functions beyond your family, would initial attend college having A good.C. to familiarize the latest breastfeeding staff having Good.C.’s insulin push. (D.Age. 30-5, at step three, 9.)

*789 By , SCHD university nurse tasks got come made for the new respective SCBE universities. (D.Age. 30-5, from the 9.) Just before , SCHD prepared with the establishing a part-big date nurse during the Bon Lin; although not, Maura Sullivan (“Sullivan”), the latest SCBE secretary superintendent, together with SCHD afterwards came to a contract to place an excellent full-date nurse in the Bon Lin. (D.E. 30-5, in the 9.) Whenever university first started, no nursing assistant was commercially assigned to the institution. (D.E. 30-5. In the 9; D.E. 35-ten, on dos.) Until a nursing assistant would be assigned to the college, a couple of SCHD nurses, Nursing assistant Duddy and you will Nursing assistant Brown, was basically temporarily allotted to Bon Lin. (D.Age. 30-5, in the 9.) Unbeknownst to people in the Bon Lin, J.C. registered a grievance to your Work environment of Civil rights into the because she thought that Bon Lin, SCBE, therefore the SCHD were not acceptably answering the girl questioned rentals for A great.C. (D.Age. 35-9, on step three.)

Towards the s intended to get off an excellent voicemail message having Nurse Duddy for her mobile phone; not, Williams in reality kept the message towards the J.C.’s mobile phone accidentally. (D.Age. twenty-six, on six.) The message was below:

An excellent.C., because of the this lady next buddy and you can Mom, J.C., their dad, B.C., and you will J.C. and B.C., the parents, Directly, Plaintiffs, v. SHELBY State Panel Off Studies, Defendant

(D.Elizabeth. 26, at the 6.) Williams made in the girl deposition this message are reliant their outrage which have J.C. from inside the start of the college year. (D.E. 30-cuatro, at 35-36.) Williams said one to, whenever she believed that a contract concerning A.C.’s the reason leases was attained, J.C. manage name and you will touch upon the program or alter the girl traditional regarding the assented-upon apartments. (D.Age. 30-cuatro, within 35-thirty six.)