Plaintiff Kathleen Casey sued Deputy Stephen Cooper and Sheriff David Marshak in the United States District Court for the Eastern District of Missouri, raising claims under the Americans with Disabilities Act (ADA) and the Rehabilitation Act (RA). Defendant Sheriff David Marshak moved to dismiss Counts V-VIII of the First Amended Complaint under Rule 12(b)(6).
Factual Overview
Kathleen Casey called 911 when her minor son, L.H., who was suffering from a mental health crisis, began acting out and threatening self-harm. Deputies Stephen Cooper and Ryan Dudley responded to the scene and instructed all occupants of the house to wait outside while they entered. A few minutes later, they emerged with L.H., who was bloodied, injured, and handcuffed. L.H. was transported to a hospital. Casey alleges that L.H. is disabled within the meaning of the ADA and RA and that the deputies knew of his disability before arriving at the scene. She asserts that Deputy Cooper failed to accommodate L.H.’s disability and intentionally discriminated against him by using excessive force.
Legal Analysis
Applicability of ADA and RA to Police Encounters
The Court acknowledged the uncertainty among Circuit Courts regarding whether the ADA and RA apply to police actions prior to and during arrests. The Eighth Circuit has not explicitly foreclosed pursuing discrimination and/or failure to accommodate claims based on pre-arrest police activity. As such, the Court allowed Plaintiff to pursue her claims, noting that arguments about the circumstances of the encounter and the reasonableness of accommodations are best suited for summary judgment or trial.
Vicarious Liability and Deliberate Indifference
The Court found that the Eighth Circuit would likely follow the Eleventh and Sixth Circuits in holding that vicarious liability is not available in Title II cases. Plaintiff must plead and prove that Jefferson County had knowledge of violations of the ADA and RA and was deliberately indifferent to Plaintiff’s rights. The Court determined that Plaintiff’s allegations were insufficient to state a claim that the County violated the ADA/RA under the circumstances of this case.
The Court granted Defendant Sheriff David Marshak’s Motion to Dismiss Counts V-VIII without prejudice.
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