Lebron v. Commonwealth of Puerto Rico, No. 13-2078 (1st Cir. 2014)
Annotate this CasePlaintiffs, the parents of a minor child with Asperger’s Syndrome, filed suit against the Commonwealth of Puerto Rico and the Puerto Rico Department of Education under a number of federal and state statutes for alleged retaliation and discrimination against their child. The Commonwealth moved to dismiss the claims against it pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim, which the district court granted. The First Circuit affirmed, holding (1) Plaintiffs did not sufficiently plead either discrimination or retaliation, and therefore, dismissal of their federal claims was proper; and (2) Plaintiffs’ argument that the Commonwealth waived its sovereign immunity under the Eleventh Amendment was waived for lack of development.
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