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Cheylla Silva, Et Al.v.Baptist Health South Florida, Inc., Et Al.

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.16-10094
DecidedMay 8, 2017
JudgesUnited States Court of Appeals for the Eleventh Circuit
Tags
CivilCivil RightsConstitutional LawStandingSummary JudgmentReversalRemand
Case Summary

Cheylla Silva and John Paul Jebian, both profoundly deaf, sued hospitals under the Americans with Disabilities Act and the Rehabilitation Act. They alleged that hospital staff repeatedly failed to provide auxiliary aids and services needed for effective communication. The district court granted summary judgment to the hospitals, finding that the plaintiffs lacked standing to seek prospective relief and had not shown communication failures causing actual medical consequences. The Eleventh Circuit reversed. It held that evidence of repeated failures, including malfunctioning video-interpretation equipment and impaired exchanges during medical visits, could support standing and claims for damages or injunctive relief. The court also held that earlier visits outside the limitations period could be relevant evidence of deliberate indifference and that the parent organization could remain in the case because it owned and operated the facilities and controlled relevant policies. The court remanded for further proceedings.

Opinion

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