Inside suit, recorded Religious dating review with the , the plaintiffs, An effective.C., J.C., and you can B.C. (collectively known as « the brand new plaintiffs »), allege the accused, the Shelby State Panel of Education (« SCBE »), because of the and making use of their personnel, unlawfully retaliated resistant to the plaintiffs when you look at the admission regarding Area 504 away from this new Treatment Act (« Area 504 »), 29 You.S.C. § 794, and Term II of one’s American which have Disabilities Act (« ADA »), 42 You.S.C. § 12203. Brand new events have agreed to the newest jurisdiction of the Us Magistrate Courtroom. Before the judge are SCBE’s motion to have realization wisdom regarding the plaintiffs’ claims. Towards grounds one go after, the court finds out zero things regarding issue reality and therefore SCBE is permitted view due to the fact a point of legislation.

I. Undeniable Affairs

Towards the reason for the fresh new realization view actions, the judge finds the following facts undisputed. An effective.C. is actually a former pupil off Bon Lin Primary College or university (« Bon Lin »), a college work by SCBE. (D.Age. twenty-five, on step one.) An effective.C. is actually 7-years of age possesses Type of step 1 all forms of diabetes and you may a great peanut allergy. (D.E. 25, within 5.) B.C. and you may J.C. try A great.C.is the reason mother and father respectively. (D.E. 25, from the dos.) If you find yourself A good.C. went to Bon Lin, Kay Williams (« Williams ») was the main and you will Tom McClellan (« McClellan ») are new assistant dominant and you can Part 504 planner. (D.E. 30-4, from the twenty seven-28; D.E. 30-5, at 20.)

When you look at the , in advance of A.C. attended preschool, Bon Lin didn’t have a nursing assistant to your professionals to help you proper care for an application 1 diabetic man otherwise an official Customized Health Bundle (« IHP ») to manage A.C.’s health condition. (D.Elizabeth. 35-10, at the dos-cuatro.) To remedy this, A great.C.is the reason mothers attempted to contact the brand new Shelby State Health Agency (« SCHD »), that provides breastfeeding features so you can SCBE colleges. (D.Age. 35-10, within 2-step three.) While a proper plan was not implemented, a few SCHD nurses, Barbara Duddy (« Nurse Duddy ») and you can Constance Brown (« Nursing assistant Brown ») visited the fresh plaintiffs’ home, which had been the procedure for the the fresh pupil having an impairment. (D.Elizabeth. 30-5, during the step 3.) J.C. expected several renting, in addition to a complete-time nursing assistant for Bon Lin and therefore Bon Lin become an effective peanut-free college or university. (D.Elizabeth. 30-5, at 3, nine.) At that conference, it was as well as decided one J.C., just who did not performs beyond your home, create initially sit in college which have An excellent.C. in order to acquaint the new nursing teams having A beneficial.C.’s insulin push. (D.Age. 30-5, within 3, nine.)

*789 At the time of , SCHD university nurse tasks had come created for the newest particular SCBE universities. (D.Age. 30-5, on nine.) In advance of , SCHD structured on establishing a member-time nursing assistant in the Bon Lin; however, Maura Sullivan (« Sullivan »), this new SCBE assistant superintendent, in addition to SCHD later on stumbled on a contract to place a great full-time nursing assistant at Bon Lin. (D.Elizabeth. 30-5, at the nine.) When college began, no nursing assistant ended up being commercially assigned to the school. (D.E. 30-5. On 9; D.Elizabeth. 35-10, at the 2.) Up until a nurse would-be allotted to the school, a few SCHD nurses, Nurse Duddy and Nursing assistant Brownish, was in fact briefly allotted to Bon Lin. (D.E. 30-5, in the 9.) Unbeknownst to the people within Bon Lin, J.C. recorded an issue on the Office regarding Civil-rights on because she considered that Bon Lin, SCBE, therefore the SCHD were not properly addressing the woman asked rentals to own Good.C. (D.Age. 35-9, during the step three.)

Towards the s intended to leave an effective voicemail message to have Nurse Duddy on her behalf mobile; however, Williams in fact remaining the content into the J.C.’s the reason phone by accident. (D.E. twenty-six, within six.) The message is as follows:

An excellent.C., because of the this lady next pal and you may Mother, J.C., this lady dad, B.C., and you will J.C. and you may B.C., the parents, Physically, Plaintiffs, v. SHELBY State Panel Out-of Education, Offender

(D.Age. twenty-six, in the 6.) Williams stated in this lady deposition that content try depending their fury having J.C. for the start of school 12 months. (D.E. 30-cuatro, during the thirty five-thirty six.) Williams explained one to, when she thought that an agreement in regards to the A good.C.is the reason renting was hit, J.C. carry out label and you will touch upon the plan otherwise change their expectations about your conformed-on leases. (D.Elizabeth. 30-cuatro, in the thirty five-36.)