McCullum, et al. v. Orlando Regional Healthcare, et al., No. 13-12118 (11th Cir. 2014)Annotate this Case
Plaintiffs, individually and on behalf of their deaf son and his deaf sister, filed a disability discrimination suit against defendants after the son was hospitalized and was not offered or provided with a trained sign language interpreter. The district court dismissed the individual claims asserted by plaintiffs and the sister for lack of standing, and granted summary judgment to defendants on the claims that plaintiffs brought on the son's behalf for damages and injunctive relief. The court concluded that the district court properly dismissed the claims that defendants denied benefits to, or discriminated against plaintiffs or the sister, because of their association with the son, where plaintiffs and the sister lacked standing under the Rehabilitation Act (RA), 29 U.S.C. 701 et seq., and the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq.; the district court properly concluded that the son lacked standing to seek injunctive relief where there is no immediate threat of future injury; and the son has not presented sufficient evidence to demonstrate a genuine issue of material fact about whether defendants acted with deliberate indifference. Accordingly, the court affirmed the judgment of the district court.