United States Court of Appeals
For the Second Circuit
August Term 2023 Argued: March 19, 2024
Decided: May 10, 2024
No. 23-1217
JASON DOHERTY, Plaintiff-Appellant,
v.
PATRICIA BICE, Individually and as Dean of Student Affairs for Purchase College, et al
No. 18-cv-10898
Jason Doherty appeals from a judgment of the United States District Court for the Southern District of New York (Román, J.) dismissing his claims under the Americans with Disabilities Act (the “ADA”) for declaratory and injunctive relief and emotional distress damages against several current and former administrators 2 of Purchase College, State University of New York (collectively, “defendants”).
Doherty, a former student at Purchase College who has Asperger Syndrome, sued defendants after Purchase College issued no-contact orders against him at the request of three other students during his freshman orientation in August 2017.
The district court granted judgment on the pleadings to defendants under Federal Rule of Civil Procedure 12(c), concluding that (1) it lacked subject matter jurisdiction over Doherty’s claims for declaratory and injunctive relief since they were moot, and (2) Doherty failed to state a claim for damages because emotional distress damages are not available under Title II of the ADA after the Supreme Court’s decision in Cummings v. Premier Rehab Keller, P.L.L.C., 596 U.S. 212 (2022).
On appeal, Doherty challenges these conclusions and argues that, even if emotional distress damages are unavailable, the district court erred in not allowing him to assert claims for economic or nominal damages.
In the words of the Circuit Court: "We disagree".
First, Doherty’s claims for declaratory and injunctive relief are moot given that the nocontact orders are not disciplinary actions, are not part of his permanent record, and expired upon his graduation.
Second, emotional distress damages are not available under Title II of the ADA, which explicitly tracks the remedies, procedures, and rights available under the Rehabilitation Act.
Finally, Doherty has forfeited any claims for other damages.
Accordingly, the Circuit Court AFFIRM the judgment of the district court.
The Second Circuit's opinion is posted on the Internet at: