Milton Hershey School v. Jane Doe and John Doe, Draft Complaint for Declaratory Judgement, U.S. District Court for the Middle District of Pennsylvania, Amy C. Foerster, Esq. (2011)

Pleadings and Briefs

This is a draft filing for declaratory judgment, recieved by CHLP from a reporter, by the Milton Hershey School (a private residential school in Hershey, PA), seeking a declaration that the school is not obligated under the ADA to admit a minor child with HIV, John Doe. While the complaint has not been filed, it sets out the Hershey School's claims for excluding John Doe (referred to as Abraham Smith in his attorney's filing, available here.)

The school argues here that John Doe would pose a direct threat to the health and safety of other students. The arguments of the school are not based in any specific facts about the 13-year old applicant in question, but rather on a general concern that they cannot reasonably accommodate teaching universal precautions to staff and students, and cannot be potentially responsible for the student having sexual relationships at the school.

 

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