This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Raymond J. Dearie found no merit to plaintiffs’ claims that the Department of Education had improperly refused a mother’s requested special dietary accommodations for her diabetic son. Judge Jack B. Weinstein adopted Magistrate Judge Roanne L. Mann’s report recommending nearly $90,000 in attorney fees and expenses, and rejected the defense claim that such an award was unreasonable in light of the $500 awarded in compensation by the jury. Magistrate Judge A. Kathleen Tomlinson confirmed the validity of an Offer of Judgment sought by defendant before judgment was entered. And Judge Arthur D. Spatt cited various grounds to deny an out-of-time motion for reconsideration by a pro se plaintiff.
Accommodation Under ADA
In A.M. v. NYC Department of Education, 08 CV 1962 (EDNY, Jan. 17, 2012), Judge Dearie, granting summary judgment to defendants, dismissed a pro se complaint by A.M., a diabetic student’s mother, on behalf of herself and J.M., her son, alleging a failure to accommodate the son’s special dietary needs at school, in violation of the Americans with Disabilities Act and other statutes.
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