Second Circuit – Americans with Disabilities Act: Doherty v. Bice

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United States Court of Appeals for the Second Circuit

Americans with Disabilities Act

Emotional distress damages

Doherty v. Bice

23-1217

Judges Carney, Sullivan, and Lee

Background: The plaintiff appealed from the dismissal of his claims under the Americans with Disabilities Act. He sought declaratory and injunctive relief and emotional distress damages against several administrators of a New York state university. He alleged that he has Asperger Syndrome and sued the defendants after the college issued no-contact orders against him at the request of three other students during his freshman orientation.

Ruling: The Second Circuit affirmed. The court held that the declaratory and injunctive relief claims are moot given that the no-contact orders are not disciplinary actions and are not part of his permanent record and expired upon his graduation. The court further held that 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.

E. Christopher Murray, of Rivkin Radler, for the plaintiff-appellant; Stephen J. Yanni, of the NYS Office of the Attorney General, for the defendants-appellees. 

Oral argument audio