Hamilton v. Oswego Cmty. Unit Sch. Dist. 308

Hamilton v. Oswego Cmty. Unit Sch. Dist. 308

Opinion

MEMORANDUM OPINION AND ORDER

For the reasons discussed more fully below, Plaintiffs' Motion for Sanctions [58] is denied. The parties are ordered to file an updated joint status report on February 28, 2022, informing the Court of any additional fact discovery the parties need to complete and proposing any expert discovery necessary.

BACKGROUND

On January 16, 2018, Plaintiffs Bradley Hamilton and Elizabeth Hamilton attended a meeting regarding the Individualized Education Program ("IEP") for their then-five-year-old daughter, Plaintiff AA; the meeting included members of Defendant Oswego Community Unit School District, including AA's school principal, [*2]  AA's school psychologist, and AA's school social worker. [Dkt. 58 at 2.] According to Plaintiffs, the meeting was "lengthy and contentious" and "tempers flared" to the point that "the adult Plaintiffs, through an advocate they employed to assist with AA's IEP, accused Defendants of violating special education laws by inter alia predetermining AA's diagnoses and eligibility for special education services." [Dkt. 58 at 2-3.]

The following morning, just before school was set to start, the school principal and psychologist were speaking with AA when they noticed a bruise on her waist. [Dkt. 64.] When AA stated that the bruise hurt and could not account for its origins to the satisfaction of the principal and school psychologist, they recommended AA go see the school nurse, Dominique Acuff. [Dkt. 64.] "[T]he school nurse questioned AA about what happened, performed a physical examination of AA, documented bruises, and took a photograph of a bruise on AA's right hip located below her belt line." [Dkt. 58 at ¶ 8.] At that time, Ms. Acuff did not believe the bruise triggered any reporting duties to the Illinois Department of Child and Family Services ("DCFS"), and sent AA back to class shortly [*3]  after 9:00 a.m. [Dkt. 58 at ¶ 9.]

At approximately 3:00 p.m. that same day (January 17, 2018), the social worker and school psychologist took AA out of class to talk to her about some issues related to her behavioral progress as well as the unexplained bruise. [Dkt. 58 at ¶ 14.] According to the social worker, AA suggested the bruise may have come from her sister biting her and also indicated that her father would "tickle" her buttocks and vagina. [Dkt. 64.] AA went home on the bus when school ended at 3:35 p.m. that day. [Dkt. 58 at ¶ 17.]

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