Shine v. New York City Housing Authority
- Ronnie Abrams
- 1:19-cv-04347-RA
- U.S. District Court · Southern District of New York
- 2
In Shine v. New York City Housing Authority, Judge Abrams ordered supplemental briefs on disability-accommodation pleading issues in the defendant’s motion to dismiss.
Wendy Shine, her minor child C.W., and the New York City Housing Authority, because the court required both sides to provide additional briefing before resolving the defendant’s motion to dismiss.
What happened
Shine v. New York City Housing Authority concerns Wendy Shine’s claims, brought individually and on behalf of her minor child, C.W., against the New York City Housing Authority. The opinion identifies the claims as involving alleged failures to provide reasonable accommodations under disability-discrimination laws.
The court ordered both parties to submit supplemental briefing by August 14, 2020. The briefs must address whether a plaintiff must show that the defendant knew or reasonably should have known about the disability and whether Shine adequately made that showing or wants permission to amend her complaint.
Judge Ronnie Abrams issued this order in connection with the Housing Authority’s motion to dismiss. The order requests additional briefing and does not decide the questions or rule on the motion to dismiss.
The detailed version
- Shine v. New York City Housing Authority · No. 1:19-cv-04347-RA
- Ronnie Abrams
- Aug. 3, 2020
Background
Wendy Shine sued the New York City Housing Authority individually and on behalf of her minor child, C.W. The order concerns claims alleging discrimination based on a failure to provide reasonable accommodations under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973.
The Housing Authority had moved to dismiss. The opinion cites prior decisions addressing whether a plaintiff bringing a reasonable-accommodation claim must allege that the defendant knew or reasonably should have known of the plaintiff’s disability.
Order
Judge Ronnie Abrams ordered the parties to submit supplemental briefing no later than August 14, 2020. The briefing must address two questions:
1. Whether a plaintiff alleging discrimination based on a failure to provide reasonable accommodations under the Americans with Disabilities Act or Section 504 must show, as part of the initial elements of the claim, that the defendant knew or reasonably should have known about the plaintiff’s disability. 2. If such a showing is required, whether Shine adequately made it in this case and, if not, whether she seeks permission to amend her complaint.
The order requests supplemental briefing. It does not state the court’s answer to either question and does not state a disposition of the motion to dismiss.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.