Alejandro v. Palm Beach State College

843 F. Supp. 2d 1263, 2011 U.S. Dist. LEXIS 155980, 2011 WL 7400018
CourtDistrict Court, S.D. Florida
DecidedNovember 8, 2011
DocketCase No. 11-80335-CIV
StatusPublished
Cited by2 cases

This text of 843 F. Supp. 2d 1263 (Alejandro v. Palm Beach State College) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alejandro v. Palm Beach State College, 843 F. Supp. 2d 1263, 2011 U.S. Dist. LEXIS 155980, 2011 WL 7400018 (S.D. Fla. 2011).

Opinion

ORDER GRANTING IN PART PLAINTIFF’S AMENDED MOTION FOR TEMPORARY INJUNCTION (DE 20)

DONALD M. MIDDLEBROOKS, District Judge.

THIS CAUSE comes before the Court upon Plaintiff Kyra Alejandro’s (“Plaintiff’ or “Alejandro”) Amended Motion for Temporary Injunction (“Motion”) (DE 20). I have reviewed Plaintiffs Motion, Defendant’s Response (DE 35), Plaintiffs Reply (DE 40), and am otherwise advised in the premises.

I. BACKGROUND

In this action, Plaintiff is suing Palm Beach State College (“PBSC”), PBSC’s President Dennis Gallon, and PBSC’s Dean of Student Services Penny Mclsaac for discrimination on the basis of disability. (Amend. Compl. ¶ 1). Plaintiff alleges that she “relies on a psychiatric service dog to mitigate the symptoms of her mental disabilities.” (Id. at 2). From August 2007 until December 2010, Plaintiff attended classes at PBSC. (Id. at 19). In Fall of 2009, the Disability Services Coordinator at PBSC referred Plaintiff “for a psychological evaluation focused on her learning disabilities to determine whether she required any special education and learning support.” (Id. at 20). Plaintiff was diagnosed with post-traumatic stress disorder, major depressive disorder, attention deficit hyperactivity disorder, and a learning disorder. (Id. at 21). The examining physician recommended special education services, including extended time to complete tests and assignments, as well as psychological counseling services and a psychiatric consultation. (Id. at 21).

[1266]*1266After receiving her diagnosis, Plaintiff began training her dog as a psychiatric service animal. (Id. at 22). Her dog was “trained to establish eye contact, nip her fingers, or snort when he perceives imminent panic attack.” (Id. at 22). Plaintiff contends that she used her dog “to participate in and benefit from education” from the Fall 2009 semester until January 2011, during which time PBSC did not challenge her use of the dog on campus. (Id. at 23-24). After enrolling in Spring 2011 classes at PBSC, Plaintiff states that PBSC officials began inquiring into the nature and severity of her disabilities for which she relied on her service animal. (Id.). Plaintiff alleges that PBSC officials required “voluminous documentation” from her describing her need for her service animal. (Id. at 3). Plaintiff provided PBSC officials with a psychological evaluation outlining her mental health diagnoses and a doctor’s statement. (Id. at 30). The PBSC officials were not satisfied with the documentation and emailed at least one of Plaintiffs professors advising him to not allow Plaintiff to bring her dog to class. (Id. at 32). After this incident, Plaintiff again met with PBSC officials and provided them with more documentation detailing her medical diagnoses and ongoing counseling for anxiety and depression. (Id. at 33). Plaintiff also explained to the PBSC officials how her dog had been trained to signal her when a panic attack is imminent. (Id. at 34). However, PBSC officials still refused to allow Plaintiff to bring her dog to class. (Id.).

When Plaintiff nevertheless continued to take her dog to class, she was escorted off campus and disciplinary hearings were brought against her. (Id. at 35-36). Plaintiff claims that the disciplinary hearings and threat of suspension caused her debilitating anxiety and panic attacks. (Id. at 40-41). Plaintiff continued to provide PBSC officials with documentation regarding her mental condition and her dog’s training until May 2, 2011, when PBSC agreed to allow Plaintiff to bring her dog to campus, class, and other functions. (Id. at 47). However, Plaintiff contends that as a result of PBSC prohibiting her from bring her dog to campus, she missed a significant number of classes during the Spring 2011 semester, resulting in her receiving a failing grade in Professor Andreoli’s Business class (“Business class”). (Id. at 49). Plaintiff appealed the “F”, but was told that this was left to the discretion of the professor. (Id. at 51). Furthermore, despite PBSC’s statement that Plaintiff would be allowed to bring her dog to campus, Plaintiff contends that on three separate occasions thereafter she was questioned regarding whether she was allowed to bring her dog on campus, escorted out of the library, or told that she was not permitted to have her dog in the writing lab. (Id. at 53-63).

In June, Plaintiff was sent a letter stating that she had not demonstrated her need for a service dog. (Id. at 64). Plaintiff states that she is “working on class assignments essential to completing her coursework in the two Spring 2011 courses for which her professors granted her Tn-completes.’ [Furthermore, she requires] access to the library, writing lab, and other services and facilities available on PBSC’s campus. Denying her service animal admission to the campus disrupts [her] ability to study, learn and benefit from her education.” (Id. at 65-66). Plaintiff contends that she currently cannot bring her dog on campus and that she reasonably fears that she will be escorted off campus should she bring her dog to class. (Id. at 68). Therefore Plaintiff “seeks relief to afford her a meaningful opportunity to complete her class assignments and fully participate in her education.” (Id. at 71). Plaintiff seeks injunctive and declaratory relief under Title II of the Americans "with Disabilities Act, 42 U.S.C. § 12132, injunc[1267]*1267tive and declaratory relief under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and compensatory damages for each act of discrimination under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794.

II. PARTIES’ARGUMENTS

In her Motion, Plaintiff seeks injunctive relief allowing her to bring her service animal to all areas of campus at PBSC, including the library, writing lab, cafeteria, and classrooms. (DE 20 at ¶ 73). Plaintiff also requests an expungement from her academic record of her failing grade in her business class, reimbursement from PBSC of the tuition and fees she paid for this business class, and attorney’s fees and costs. (Id. at 74). Plaintiffs Motion mainly restates facts contained in her Amended Complaint relating to her mental disability and the interactions she had with PBSC officials regarding whether she was permitted to bring her dog to campus.

In their Response, Defendants state that the June 14th letter, which caused Plaintiff to believe that PBSC “had rescinded on its prior decision to allow Plaintiff to bring her dog to campus, campus functions, and her classes ... was the result of a misunderstanding between the College’s administration and the office of disability support services as Plaintiff is no longer registered for classes ____” (DE 35 at 1). Defendants contend that Plaintiff will have no additional difficulties utilizing the campus facilities with her dog. (Id.). Accordingly, Defendants contend that Plaintiffs Motion regarding access is moot. (Id. at 2). Nevertheless, Defendants also contend that Plaintiff is not entitled to relief for a number of reasons.

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Bluebook (online)
843 F. Supp. 2d 1263, 2011 U.S. Dist. LEXIS 155980, 2011 WL 7400018, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alejandro-v-palm-beach-state-college-flsd-2011.