NEW HORIZONS REHABILITATION, INC. v. STATE OF INDIANA et al
||NEW HORIZONS REHABILITATION, INC.
||EXECUTIVE DIRECTOR, INDIANA DEPARTMENT OF HOMELAND SECURITY and STATE OF INDIANA
||March 14, 2017
||US District Court for the Southern District of Indiana
||New Albany Office
||Debra McVicker Lynch
||Tanya Walton Pratt
|Nature of Suit:
||Civil Rights: Americans with Disabilities - Other
|Cause of Action:
||42 U.S.C. § 1983 Civil Rights Act
|Jury Demanded By:
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|July 19, 2019
ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT - The Court GRANTS in part and DENIES in part 60 Motion for Summary Judgment. Summary judgment is granted on New Horizons' claims for failure to accommodate and disparate treatment under the ADA, F HAA, and Rehabilitation Act. Summary judgment is denied on New Horizons' Fourteenth Amendment Equal Protection claim. The Court GRANTS in part and DENIES in part 66 Motion for Summary Judgment. Summary judgment is denied as to New Horizons& #039; claims for failure to accommodate and disparate treatment under the ADA, FHAA, and Rehabilitation Act and it is granted on Defendants' Cross-Motion as to New Horizons Fourteenth Amendment Equal Protection claim. The Court permanently enjo ins the Defendants from treating New Horizons' Lawrenceburg, Indiana home as a Class 1 structure or imposing on it any of the costs or burdens associated with Class 1 structures. The Court awards New Horizons damages in the amount of $30,400.00. This Order resolves all claims as to all parties. Final judgment pursuant to Federal Rule of Civil Procedure 58 will issue in a separate order. See Order for details. Signed by Judge Tanya Walton Pratt on 7/19/2019. (LBT)
|October 27, 2017
ENTRY GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION - 7 Motion for Preliminary Injunction is GRANTED. New Horizons is entitled to designation as a Class 2 structure and waiver of the fire suppression system during the pendency of these proceedings. See Entry for details. Signed by Judge Tanya Walton Pratt on 10/27/2017. (LBT)
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