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Wayne Melnick and Michael Hill prevailed before the Eleventh Circuit Court of Appeals in a case of first impression regarding whether Title II of the Americans with Disabilities Act permits recovery for emotional-distress damages. The plaintiffs were public school students alleging discrimination on account of developmental disabilities alleging their former teacher physically and emotionally abused them and that the school principal failed to report the alleged abuse to the proper authorities in a timely manner. Representing the school district and the principal, Mr. Melnick and Mr. Hill obtained an order granting their motion to dismiss the students’ complaint for recovery of emotional-distress damages while also successfully opposing the students’ motion to amend their complaint on grounds that the proposed amendment would be futile. On appeal, the Eleventh Circuit affirmed the dismissal of the students’ claims for emotional-distress damages and Due Process claims against the school district and principal under 42 U.S.C. 1983. The Eleventh Circuit also took the increasingly rare step of publishing this opinion, meaning it now is controlling precedent and binding on all federal courts in the circuit. 

A.W. et al v. Coweta County School District et al, Eleventh Circuit Court of Appeals, Case No. 22-14234.