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Kaleida Health, dba Buffalo General Medical Center v. Kathleen Biondo

Paid petition · United States Court of Appeals for the Second Circuit, No. 18-1375 · judgment August 19, 2019

Certiorari denied · January 27, 2020
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a circuit split argued in the petition, and a petition filed soon after the judgment below.

Questions presented

A claimant may assert a claim for monetary damages under the Rehabilitation Act if there was intentional discrimination. Barnes v. Gorman, 536 U.S. 181 (2002). However, neither this Court nor Congress have set clear parameters for claiming such damages. Over the years Circuit Courts adopted varying standards. Both the Second and Eleventh Circuits have interpreted this Court’s standard in Gebser v. Lago Vista Independent School District to apply to the Rehabilitation Act. However, as of this year and specifically stemming from this case, the Second and Eleventh Circuit split an already fragmented Rehabilitation Act standard regarding the definition of “official.” The questions presented are:

  1. W hether the Gebser standard, requir ing an official decision from an entity to impose monetary damages, applies to the Rehabilitation Act.

  2. Whether the Second Circuit erroneously defined “official” under that standard.

Counsel of record

For petitioner
John Patrick Danieu
Roach, Brown, McCarthy & Gruber, P.C.

For respondent
Andrew Rozynski
Eisenberg & Baum, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 27 2020
    Petition DENIED.
  2. Jan 08 2020
    DISTRIBUTED for Conference of 1/24/2020.
  3. Dec 20 2019
    Waiver of right of respondent Kathleen Biondo to respond filed.
  4. Nov 18 2019
    Petition for a writ of certiorari filed. (Response due December 23, 2019)