A.G. V. Paradise Valley Unified Sch. Dist., No. 13-16239 (9th Cir. 2016)Annotate this Case
A.G. and her parents filed suit against defendants, alleging claims of discrimination under section 504 of the Rehabilitation Act, 29 U.S.C. 794, and Title II of the Americans with Disabilities Act, 42 U.S.C. 12131–12134, as well as tort claims under Arizona state law. The district court granted summary judgment on these claims for defendants. Defendants cross-appealed, challenging the district court’s order vacating taxation of costs. The parties settled on other claims, including claims under the Individuals with Disabilities in Education Act, 20 U.S.C. 1400–1491. First, the court clarified federal legislation addressing special education for disabled children. The court concluded that the district court improperly dismissed A.G.’s meaningful access and reasonable accommodation arguments. The court concluded that a triable factual dispute exists as to whether the services plaintiffs fault the school district for failing to provide were actually reasonable, necessary, and available accommodations for A.G. Therefore, the court reversed the district court's order granting summary judgment in favor of the school district on plaintiffs’ section 504 and Title II claims and remanded for further consideration. In regard to the state law claims, the court concluded that plaintiff's intentional infliction of emotional distress (IIED) claim was correctly dismissed because there is no material issue of fact concerning the school district's conduct. Plaintiffs' negligent infliction of emotional distress (NIED) claim was also correctly dismissed where the district court found the facts alleged by plaintiffs did not rise to the predicate level typically required for such a claim in Arizona. The court reversed the district court’s summary judgment on claims for assault and battery where plaintiffs introduced evidence that creates an issue of fact as to whether the school district defendants physically escorted and restrained A.G. when she was not a danger to herself or others and despite knowing of her tactile sensitivity. Finally, the court reversed the district court's summary judgment on the false imprisonment claim where plaintiffs introduced evidence sufficient to create a genuine issue of material fact as to whether A.G. was a danger to herself or others when school district staff restrained her. The order denying costs to defendants is vacated.