Jones v. Illinois Department of Rehabilitation Services

689 F.2d 724, 34 Fed. R. Serv. 2d 1631
CourtCourt of Appeals for the Seventh Circuit
DecidedSeptember 27, 1982
DocketNos. 81-1267, 81-1312, 81-2478 and 81-2558
StatusPublished
Cited by14 cases

This text of 689 F.2d 724 (Jones v. Illinois Department of Rehabilitation Services) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Illinois Department of Rehabilitation Services, 689 F.2d 724, 34 Fed. R. Serv. 2d 1631 (7th Cir. 1982).

Opinion

PELL, Circuit Judge.

The plaintiff-appellee, cross-appellant Charles P. Jones brought this action for declaratory and injunctive relief under the Rehabilitation Act of 1973, 29 U.S.C. §§ 701-94, against the Illinois Department of Rehabilitation Services (IDRS) and its director Jeffers, and the Illinois Institute of Technology (IIT) and its President Martin. His complaint alleged that by failing to provide him with the services of a sign language interpreter to enable him effectively to participate in and benefit from his classes at IIT, IDRS violated the provisions of Title I of the Act, 28 U.S.C. §§ 701-50, and both IDRS and IIT violated section 504 of the Act, 29 U.S.C. § 794. All parties filed motions for summary judgment. As to Jones’ claim under Title I of the Act, the court granted IDRS’ motion and denied Jones’ motion, finding that there was no private right of action under that portion of the Act. As to Jones’ section 504 claims, the court granted Jones’ motion, and denied that of IDRS, concluding that although either IIT or IDRS could be required to provide interpreter services under the Act, IDRS had the primary responsibility for providing such services.1 As to IIT’s cross-claim against IDRS for the cost of services already provided, the court found that claim barred by the Eleventh Amendment and denied the motion.2 The court entered an injunction requiring IDRS to provide interpreter services to Jones at IDRS expense, and if Jones ceased to be eligible for IDRS vocation rehabilitation services, requiring IIT to do the same.

IDRS appeals from that portion of the judgment granting Jones relief under section 504 of the Act. Jones appeals from the denial of his claim under Title I of the Act. Jones and IIT also appeal from the court’s disposition of their claims for attorneys’ fees. The case presents the following issues on appeal: (1) whether the district court erred in holding that no private right of action can be implied under Title I of the Act; (2) whether a cause of action exists under 42 U.S.C. § 1983 for a violation of Title I of the Act; (3) whether the district court erred in holding that IDRS had the primary responsibility under section 504 to provide interpreter services; and (4) whether the district court erred in ruling on Jones’ and IIT’s motions for attorneys’ fees.

I.

The facts' were stipulated by the parties, and are set forth in some detail in the [727]*727opinion of the district court, 504 F.Supp. 1244 (N.D.Ill.1981). We will rehearse only those necessary to disposition of the issues before this court. The plaintiff Jones is a deaf person and therefore a handicapped individual within the meaning of the Act, 29 U.S.C. § 706(7)(a). He is also a “qualified handicapped person” within the meaning of regulations promulgated pursuant to the Act, which means, with respect to post-secondary and vocational education services, that he meets the academic and technical standards requisite to admission and participation. 34 C.F.R. § 104.3(k)(3) (1981). Until May of 1982, when he graduated, Jones was a student at IIT majoring in mechanical engineering. He required the services of an interpreter to participate in and benefit from his classes.

IDRS, the Illinois state agency responsible for the state’s vocational rehabilitation (VR) program, receives financial assistance from the federal Rehabilitation Services Administration to carry out that program. IDRS has determined that Jones is eligible for VR services, and has provided him with financial assistance for tuition, room and board, and books to enable him to attend IIT. IIT is a not-for-profit institution of higher education which receives federal funds, and has signed an Assurance of Compliance Form, agreeing to comply with section 504 as a condition of receiving such funds.

Jones was to begin classes at IIT in late August of 1979. On August 10, IDRS advised IIT that it could not legally assume the cost of interpreter services for Jones’ classes. IIT thereupon provided an interpreter for Jones until October 4,1979, when IIT informed IDRS it would not continue to do so. IDRS provided interpreter services from October 8, 1979 until October 26, 1979, when its director determined it would make no more payments. IIT paid for an interpreter for the remainder of Jones’ first semester. On December 11, 1979, IIT informed Jones that it would no longer provide interpreter services. Subsequently IDRS and IIT agreed to share the cost of the interpreter pending the resolution of this case.

II.

We turn first to Jones’ contention, raised for the first time at the oral argument of this case, that the case is moot because Jones graduated from IIT on May 16, 1982.

Jones relies primarily on the case of De-Funis v. Odegaard, 416 U.S. 312, 94 S.Ct. 1704, 40 L.Ed.2d 164 (1974). DeFunis had sought admission to law school but was not accepted. He brought suit alleging that he had been discriminated against, and obtained an injunction requiring his admission to law school. By the time the appeal reached the Supreme Court, DeFunis was in his final quarter of law school, and was about to graduate. The Supreme Court held that because DeFunis would complete law school regardless of any decision of the Court, there was no definite and concrete controversy between the parties, and therefore the case was moot. The Court also rejected any suggestion that the case fell within the “capable of repetition yet evading review” exception to the mootness doctrine, noting, “DeFunis will never again be required to run the gauntlet of the Law School’s admission process, and so the question is certainly not ‘capable of repetition’ so far as he is concerned.” 416 U.S. at 319, 94 S.Ct. at 1707.

We are persuaded that the instant case, however, does fall within the exception to the mootness doctrine. In Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973), a pregnant woman brought suit challenging the constitutionality of the Texas criminal abortion statutes. By the time the case reached the Supreme Court, she was no longer pregnant. The Court rejected any contention that the case was moot, noting first that a pregnancy would generally come to term before the usual appellate process could be completed, thereby making the case one that could evade review. Secondly, the Court pointed out, “Pregnancy often comes more than once to the same woman, and in the general population, if man is to survive, it will always be with us.” 410 U.S. at 125, 93 S.Ct. at 712. and [728]*728thus the case was capable of repetition. We believe the case before us is similarly capable of repetition yet evading review.

The case is capable of repetition both as to Jones, the named plaintiff, and as to other deaf clients of IDRS who are or will be students at IIT. Unlike DeFunis, Jones is completing only his undergraduate* education.

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