A magistrate judge from the Western District of Virginia has recommended that an Americans with Disabilities Act claim brought by a high school soccer player, who alleged that she was removed from the team because of a disability, be dismissed.
Plaintiff Erica D. Norwood, who was joined in the lawsuit by her mother, sued defendant Oak Hill Academy (Oak Hill) alleging her rights were violated, pursuant to the ADA (42 U.S.C. § 12101, et. seq.) as well as claims for breach of contract and negligence.
Norwood, allegedly, suffers from attention deficit hyperactivity disorder (ADHD) and episodic psychotic depression, a disability under the ADA. In August 2014, Elizabeth Tate, who is Norwood’s mother, signed an admissions contract with Oak Hill, a private boarding school for grades eight through twelve, located in Grayson County, Va., and pre-paid tuition for one school year in the amount of $25,672.
Norwood initially joined the girls’ soccer team at Oak Hill, but was removed from the team “as a disciplinary action” by Katherine Crede, the Director of Girls Residence Life. Tate contacted Crede, informed her of Norwood’s ADHD and episodic psychotic depression, and asked that she accommodate Norwood and allow her to return to the soccer team.
The plaintiffs alleged that, despite being aware of Norwood’s disabilities, Oak Hill and its staff engaged in the following discriminatory actions: (1) refusing to allow Norwood to play soccer; (2) objecting to Tate’s requests to take Norwood to certain medical appointments related to treatment of her disabilities; (3) making an “insulting comment,” specifically that Norwood was “not pretty”; (4) refusing to allow Norwood to sit with the members of the basketball team at dinner, even though other students who were not members of the team regularly ate with the team; (5) repeatedly asking Norwood to change clothes because she was “dressed inappropriately” despite being dressed similarly to other female students who had not violated the dress code; and (6) initially refusing to allow Norwood to “opt out” of taking her final exams, though ultimately she was permitted to do so.
The plaintiffs sued on May 15, 2017.
The defendant countered with a motion to dismiss, pursuant to Federal Rule of Civil Procedure 12(b)(6).
The court focused on the statute of limitations for an ADA claim and whether the claim was still timely. Oak Hill asserted that the plaintiffs had “at most” one year, from when Norwood turned 18, to bring the ADA claim. The statute of limitations for ADA claims in Virginia is one year.
“To protect the interest of infants lacking the capacity to bring or defend against a lawsuit, the statute of limitations does not begin to run against infants until they reach the age of majority,” wrote the court, citing Va. Code. § 8.01-229(A)(1)
Here, the plaintiffs filed this action on May 15, 2017, and asserted in their brief in opposition that they “brought their claims exactly within two years of Norwood reaching majority” which indicates that Norwood turned 18 on May 15, 2015. Thus, “because Norwood was a minor when her causes of action accrued (i.e. when she left Oak Hill Academy in December 2014), she had one year after reaching age 18 to file her ADA claims, or until May 15, 2016. However, the plaintiffs did not file their complaint until May 15, 2017. Accordingly, I conclude that the plaintiffs’ ADA claim is barred by the statute of limitations and will recommend that it be dismissed with prejudice.”
Similarly, the court dismissed the other claims:
“Because the plaintiffs have not alleged a separate and independent legal duty owed by defendant under the common law, the negligence claim (count III) should be dismissed with prejudice.
“The breach of contract claim (count II) should be dismissed without prejudice (because the plaintiffs have not set forth sufficient allegations).”
Erica D. Norwood And Elizabeth D. Tate v. Oak Hill Academy; W.D. Va.; Civil Action No. 7:17-cv-222, 2017 U.S. Dist. LEXIS 219601; 12/22/17
Attorneys of Record: (for plaintiffs) Pro se, Phoenix, AZ. (for defendant) Mark Andrew Fulks, LEAD ATTORNEY, Baker Donelson Bearman Caldwell & Berkowitz, PC, Johnson City, TN.
