United States Second Circuit

In an action alleging that defendant hospital failed to provide interpreting services to a patient and his wife (both deaf), so that their two children (of normal hearing) had to act as interpreters for their parents, summary judgment for defendant is vacated where: 1) plaintiffs raised a genuine issue of material fact as to whether the hospital acted with deliberate indifference; 2) the children had associational standing under the Rehabilitation Act; and 3) the children's claims under the New York City Human Rights Law were required to be remanded for reconsideration in light of New York City's Local Civil Rights Restoration Act of 2005.

Appellate Information

• Decided 10/06/2009
• Published 10/06/2009

Judges

• Before:  JACOBS, Chief Judge, WESLEY, Circuit Judge, and SAND, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Alan J. Rich, Brooklyn, NY, for Plaintiffs-Appellants., Alan Jenkins, New York, NY, for amicus curiae The Opportunity Agenda., Roger Bearden, New York Lawyers for the Public Interest, Inc., New York, NY, for amici curiae The Alexander Graham Bell Association for the Deaf and Hard of Hearing, Asian American Justice Center, The Brooklyn Center for Independence of the Disabled, The Center for Independence of the Disabled in New York, The Empire Justice Center, The Harlem Independent Living Center, Legal Services NYC, The National Association of the Deaf, National Council on Interpreting in Health Care, The National Disability Rights Network, The National Health Law Program, New York State Independent Living Council, and The New York Immigration Coalition.


• For Appellees:
  
• Roy W. Breitenbach, Garfunkel, Wild & Travis, P.C., Great Neck, NY, for Defendant-Appellee.