Howd & Ludorf, LLC wins summary judgment for Hamden Board of Education in Federal Disability Discrimination suit

By: Thomas R. Gerarde

tgerarde@hl-law.com

860-249-1361 Ext. 143

By: Katherine E. Rule

krule@hl-law.com

860-249-1361 Ext. 154

Howd & Ludorf, LLC partners, Thomas Gerarde and Katherine Rule recently won summary judgment for the Town of Hamden Board of Education in the case of Suraci v. Hamden Board of Education et al., brought in the United States District Court in New Haven. In this case, the plaintiff/student alleged that his rights protected by the Americans with Disabilities Act and section 504 of the Rehabilitation Act of 1973 were violated by the school when it called for an ambulance to transport the student for an emergency evaluation. The student’s parent arrived at the school, objected to the transport, and police were summoned to assist in the dispute resolution.  The U.S. District Court granted summary judgment in favor of the Hamden Board of Education defendants on all counts, holding that the plaintiff could not proceed with an ADA or section 504 claim without first exhausting all administrative remedies, and that no reasonable jury could find that the defendants conduct, made in good faith, constituted an intentional infliction of emotional distress.