Brown v. Dist. of Columbia

324 F. Supp. 3d 154
CourtCourt of Appeals for the D.C. Circuit
DecidedAugust 24, 2018
DocketCivil Action No. 17-348 (RDM)
StatusPublished
Cited by4 cases

This text of 324 F. Supp. 3d 154 (Brown v. Dist. of Columbia) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Dist. of Columbia, 324 F. Supp. 3d 154 (D.C. Cir. 2018).

Opinion

RANDOLPH D. MOSS, United States District Judge *157This case raises a novel issue of statutory interpretation: Whether the National Capital Revitalization and Self Government Improvement Act of 1997, Pub. L. No. 105-33, § 11201, 111 Stat. 251, 734 (1997) (codified at D.C. Code § 24-101 ) [hereinafter "Revitalization Act"]-which commits the "felon population sentenced pursuant to the [D.C.] Official code" to "the custody, care, subsistence, education, treatment and training" of the federal Bureau of Prisons, id. § 11202(b)-impliedly repeals the District of Columbia's obligations to provide a free appropriate public education ("FAPE") to those individuals, as required by the Individuals with Disabilities Act ("IDEA"), 20 U.S.C. § 1400 et seq. Plaintiff Stephon Brown was convicted of a felony under the D.C. Code and incarcerated, pursuant to the Revitalization Act, in a federal correctional facility for sixteen months. During that time, both the federal Bureau of Prisons ("BOP") and the District of Columbia (the "District") denied responsibility for providing him a FAPE. Plaintiff brought suit against the BOP and the District after his release, alleging that their actions violated the IDEA and the Rehabilitation Act, 29 U.S.C. § 701 et seq.

The Court referred this matter to Magistrate Judge G. Michael Harvey for a report and recommendation. Minute Order (Mar. 6, 2017). Both Defendants then moved to dismiss the case.1 Dkt. 14; Dkt. 16. Presently before the Court is Magistrate Judge Harvey's Report and Recommendation ("R & R") granting the "BOP's motion in its entirety and granting in part and denying in part the District's motion." Dkt. 25 at 2. Plaintiff and the District both filed (1) timely objections to Magistrate Judge Harvey's R & R, see Dkt. 26; Dkt. 27; (2) responses to each other's objections, see Dkt. 29; Dkt. 31; and (3) replies thereto, see Dkt. 32; Dkt. 33. The BOP also filed a response to the District's objections. See Dkt. 30 at 1 (responding to the District's claim that "the Federal government was responsible for Mr. Brown's education while he was in their custody").

Upon consideration of the above submissions, the Court ADOPTS in part and MODIFIES in part Magistrate Judge Harvey's thoughtful and thorough R & R. For the reasons set forth below, the Court agrees with the Magistrate Judge's recommended disposition of the case and writes separately to explain where the Court's analysis diverges from the R & R's reasoning. Accordingly, the BOP's motion to dismiss is GRANTED in its entirety, and the District's motion to dismiss is GRANTED in part and DENIED in part.

*158I. BACKGROUND

A. Factual Background

The relevant facts underlying Plaintiff's IDEA and Rehabilitation Act claims are recounted in greater detail in the "Background" section of the R & R. See id. at 2-9.2 In short, Plaintiff, a "lifelong resident" of the District, has been "eligible for special education and related services" since elementary school. Dkt. 25 at 5. In December 2014, when Plaintiff was eighteen, he was "arrested for a felony violation of the [D.C.] Code" and "sentenced to twenty-four months' incarceration on the local charge," which he served, pursuant to the Revitalization Act, at the "Hazelton Federal Correction Institution" in West Virginia. Id. Critical to this case, "Plaintiff never received any special education services, nor was he enrolled in any high school program during his incarceration." Id.

In September 2016, two months prior to his release, "Plaintiff filed a Due Process Complaint against the District of Columbia Public Schools ('DCPS'), the District of Columbia Office of the State Superintendent of Education ('OSSE'), and [the] BOP," claiming "that he had been denied a FAPE during the [2015-16 and 2016-17] ... school years, while in the custody of [the] BOP," in violation of the IDEA. Id. at 6. The Hearing Officer dismissed "Plaintiff's administrative complaint ... as to [the] BOP" on the ground that the IDEA only applied to state agencies. Id. at 6, 8. The officer also granted "judgment as a matter of law ... as to claims against DCPS and OSSE" on the ground that "the IDEA does not place responsibility on State or local education agencies to provide a FAPE for individuals with disabilities incarcerated in federal correctional facilities." Id. at 8.

B. Procedural History

After his release, Plaintiff initiated this action to set aside the Hearing Officer Determination. Dkt. 1 at 14 (Compl. Prayer). This Court referred the case, pursuant to Local Civil Rules 72.2 and 72.3, to Magistrate Judge G. Michael Harvey. Minute Order (Mar. 6, 2017). Plaintiff then filed an amended complaint in April 2017, adding a cause of action under Section 504 of the Rehabilitation Act. Dkt. 13 at 12-14 (Am. Compl. ¶¶ 39-51). Both Defendants moved to dismiss Plaintiff's amended complaint. Dkt. 14; Dkt. 16. Magistrate Judge Harvey issued a R & R granting the BOP's motion to dismiss in its entirety and denying the District's motion to dismiss Plaintiff's IDEA claim. Dkt. 25 at 2.

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Bluebook (online)
324 F. Supp. 3d 154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-dist-of-columbia-cadc-2018.