Abuse of Discretion – ADA Violation

Listen to this article

7^th Circuit Court of Appeals

Case Name: Linda Reed v. Columbia St. Mary’s Hospital

Case No.: 17-1469

Officials: EASTERBROOK, ROVNER, and HAMILTON, Circuit Judges.

Focus: Abuse of Discretion – ADA Violation

Plaintiff‐appellant Linda Reed alleges that she suffered discrimination on the basis of her disabilities while she was a patient at defendant‐appellee Columbia St. Mary’s Hospital in March 2012. Among other things, she contends that the hospital failed to accommodate her disabilities by deliberately withholding from her a device she used to speak and discriminated against her by putting her in a “seclusion” room to punish her. She brought claims under Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12181, which governs public accommodations offered by private entities, including hospitals, as well as Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, and the Wisconsin Mental Health Act, Wis. Stat. § 51.61.

We reverse. The hospital raised its religious exemption affirmative defense to the ADA claims for the first time after discovery, in its motion for summary judgment. We explain below why we conclude it was an abuse of discretion to excuse the hospital’s failure to raise this affirmative defense earlier. We also reverse the dismissal of Reed’s Rehabilitation Act claims on the merits because they depend on disputed facts.

Reversed and Remanded

Full Text

Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.