Narrative Opinion Summary
The case involves an appeal by Cynthia A. Everett against the Cobb County School District, Kennesaw State College, and the Board of Regents of the University System of Georgia, alleging disability discrimination under the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973. Everett, affected by multiple sclerosis, claims discrimination during her student teaching in 1994, when her supervisor denied her the use of a mobility scooter and expressed skepticism about her teaching capabilities. Her complaint, filed in June 1996, was dismissed as time-barred by Georgia's two-year statute of limitations for personal injury claims. Everett argued that a longer limitations period should apply to her federal claims, but the court held that in the absence of a specific federal statute of limitations, the most analogous state statute applies. The court found that the discrimination claims accrued when Everett was informed of the unsatisfactory grade in May 1994, not when subsequent events occurred. The court upheld the dismissal, confirming that Everett's claims were time-barred and affirming the district court's decision under Title II of the ADA and the Rehabilitation Act.
Legal Issues Addressed
Accrual of Discrimination Claimssubscribe to see similar legal issues
Application: The court held that discrimination claims accrue when the plaintiff is informed of the discriminatory act, not when consequences are felt or rectification is refused.
Reasoning: The court reaffirmed that discrimination claims accrue when the plaintiff is informed of the discriminatory act, citing relevant case law, which indicates that the statute of limitations starts when the facts supporting a cause of action become apparent.
Federal Claims and State Statutes of Limitationssubscribe to see similar legal issues
Application: Federal statutes lacking a specific limitations period are matched to the most analogous state statute, confirming the two-year period for Everett's claims.
Reasoning: The court addresses the appropriate statute of limitations for these federal claims, noting that similar actions under the ADA and Rehabilitation Act should be treated alike, and concludes that federal statutes lacking a specific limitations period default to the most analogous state statute.
Statute of Limitations for ADA and Rehabilitation Act Claimssubscribe to see similar legal issues
Application: The court determined that the statute of limitations for ADA and Rehabilitation Act claims defaults to the state's personal injury statute, which is two years in Georgia.
Reasoning: In Georgia, lacking an analogous state law to the Rehabilitation Act, the two-year personal injury statute (O.C.G.A. 9-3-33) is applicable.