Weissenbach v. Tuscaloosa County School System et al

Heidi Weissenbach, on behalf of her minor son C.W., sued the Tuscaloosa County School System and its employees in the U.S. District Court for the Northern District of Alabama. C.W., a student with autism and a speech disability, was allegedly subjected to repeated unlawful seclusion in a timeout room, forced to remain for hours and on multiple occasions urinating and defecating on himself due to being denied restroom access. The complaint included claims under Title II of the ADA, Section 504 of the Rehabilitation Act, 42 U.S.C. § 1983 for Fourth and Fourteenth Amendment violations, and state tort claims for assault and battery. On November 8, 2018, the court ruled on the defendants’ motions for summary judgment, evaluating whether the alleged mistreatment constituted discrimination and constitutional injury.

The district court denied summary judgment for the school system on the ADA and Section 504 claims, allowing the disability discrimination case to proceed. The § 1983 claim against the school system was dismissed due to lack of an official policy. For defendant Mary Wright, the court denied summary judgment on the Fourth Amendment excessive force claim and the state-law tort claims of assault and battery, but granted summary judgment in her favor on the Fourteenth Amendment substantive due process claim.

Whether the school district’s use of seclusion and denial of bathroom access constituted intentional discrimination under the ADA and Section 504; whether the teacher’s actions amounted to excessive force in violation of the Fourth Amendment; and whether the school system could be held liable under § 1983 for an unconstitutional policy or custom.

The case drew significant attention to the controversial use of isolation and seclusion rooms in public schools, especially for children with disabilities. It contributed to a broader national discourse on restraint and seclusion policies, prompting calls for stricter state and federal legislation to protect vulnerable students from abusive disciplinary practices.