Alexander v. Pathfinder

Appeal from the United States District Court for the Eastern District of Arkansas. Submitted: June 14, 1999 Elsie Alexander brought this action against Pathfinder Schools, Inc., doing business as Pathfinder, Inc., an intermediate care facility for the mentally retarded (ICF/MR), its board of directors and several individuals employed by or providing services to the facility (Pathfinder defendants), and Tom Dalton as director of the Arkansas Department of Human Services (DHS). Ms. Alexander sought relief for damages that she and her son, Larry Alexander, an incompetent person, allegedly suffered in the period leading up to and following his discharge from a group home operated by Pathfinder. (Although both Ms. Alexander and her son are plaintiffs, for the sake of simplicity we frame the Discussion in her name only.) Ms. Alexander made claims under 42 U.S.C. § 1983 for violation of the first amendment and of the constitutional guarantees of due process and equal protection, under the Americans with Disabilities Act (ADA), see 42 U.S.C. §§ 12101-12213, and under § 504, see 29 U.S.C. § 794, of the Rehabilitation Act of 1973, see 29 U.S.C. §§ 701-796 l; she also asserted state-law tort claims for invasion of privacy, assault, battery, negligence, and intentional infliction of emotional distress. The district court 2 granted the defendants' motions to dismiss and for summary judgment. Ms. Alexander appeals and we affirm.