United States First Circuit

Dismissal of plaintiff-parents' suit against the Commonwealth of Puerto Rico and the Puerto Rico Department of Education for alleged discrimination and retaliation against their disabled child is affirmed, where: 1) regardless of whether plaintiffs' claims overlay completely with their Individuals with Disabilities Education Act claim, plaintiffs have not sufficiently pleaded either discrimination or retaliation, and therefore dismissal of the Americans with Disabilities Act, Rehabilitation Act, and 42 U.S.C. section 1983 claims was proper; and 2) plaintiffs offer no authority or reasoning as to why sovereign immunity would not extend to the Puerto Rico causes of action brought in this case under state law.

Appellate Information

• Decided 10/20/2014
• Published 10/20/2014

Judges

• Thompson

Court

• United States First Circuit

Counsel