MARTA DIAZ-FONSECA, on her own behalf and on behalf of her minor daughter; LYSSETTE CARDONA-DIAZ, Minor, Plaintiffs, Appellees, v. COMMONWEALTH OF PUERTO RICO; DEPARTMENT OF EDUCATION OF THE COMMONWEALTH OF PUERTO RICO; CESAR REY-HERNANDEZ, in his personal capacity and as Secretary of Education of the Commonwealth of Puerto Rico; NITZA RIOS-MALAVE, in her personal capacity and as Supervisor of the Special Education Program of Cidra School District, Defendants, Appellants., 451 F.3d 13

Summary

Plaintiffs alleged defendants violated IDEA, 20 U.S.C.S. § 1400 et seq.; § 504 of the Rehabilitation Act, 29 U.S.C.S. § 794; Title II of the ADA, 42 U.S.C.S. §§ 12131 -12134; and Puerto Rico law. Multiple claims were dismissed before trial. The only claims that remained against the individual defendants were IDEA claims against them in their personal capacities. The trial court also entered a "default" against defendants. A jury awarded plaintiffs compensatory damages and, against the individual defendants, punitive damages. The Commonwealth sought relief from that judgment per Fed. R. Civ. P. 50 and 55. The appeals court reviewed only for plain error. Much of the jury verdict was overturned. Only limited compensatory damages and no punitive damages were available under the IDEA, and plaintiffs could not circumvent those limitations by invoking other federal statutes when the claim essentially challenged the failure to provide a free and appropriate education. Plaintiffs could not sue ...