Smith v. Milton Hershey School, First Amended Complaint, U.S. District Court for the Eastern District of Pennsylvania, AIDS Law Project of Pennsylvania (Jan. 20, 2012)

Pleadings and Briefs

This amended complaint was filed January 20, 2012 by the AIDS Law Project of Pennsylvania, alleging that the Milton Hershey School in Hershey, Pa. has violated multiple anti-discrimination laws by refusing to enroll a 13-year-old pupil because he is HIV-positive. The plaintiffs are seeking relief under Title III of the Americans with Disabilities Act of 1990, and applicable state law. The complaint alleges that the residential school refused to consider the plaintiff for admission based solely on his HIV status, and requests, among other things, that the school admit the 13-year-old, develop an anti-discrimination policy and conduct sensitivity training for all staff regarding HIV. The complaint also requests awards for compensatory and punitive damages, costs and attorneys fees. This amended complaint includes facts that were made public after the original complaint was filed on November 30, 2011, most significantly statements included in a letter from the head of the Hershey School to school parents and alumni on December 9, 2011. The amended complaint also includes additional facts supporting that venue is proper in the Eastern District of Pennsylvania.