Bennett v. Hurley Med. Ctr.

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MIA BENNETT, Plaintiff, v. HURLEY MEDICAL CENTER, Defendant.

No. 21-cv-10471

United States District Court, E.D. Michigan, Southern Division

January 19, 2023

David R. Grand, Chief United States Magistrate Judge.

OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (ECF No. 14)

Paul D. Borman, United States District Judge

INTRODUCTION

This case arises out of Plaintiff Mia Bennett's request as a student intern to bring her service dog, Pistol, with her on her clinical nursing rotation at Defendant Hurley Medical Center. Hurley initially granted Bennett's request for accommodation, to allow Pistol to accompany Bennett throughout her rotation. However, after Pistol initially caused severe dog-allergy reactions in a patient and a member of the staff on floor 7E, Hurley withdrew its accommodation of Pistol accompanying Bennett on her rounds. Floor 7E accommodated patients with very serious medical issues.

After Hurley denied her requests to reconsider this withdrawal Bennett sued under the Americans with Disabilities Act, 42 USC § 12132 et seq., the Rehabilitation Act of 1973, 29 USC § 701 et seq., and the Michigan Persons with Disabilities Civil Rights Act, MCL § 37.1101 et seq.

Now before the Court is Hurley's Motion for Summary Judgment. (ECF No. 14.) For the reasons that follow, the Court will GRANT the Motion.

I. STATEMENT OF FACTS & PROCEDURAL HISTORY

A. Statement of Facts

Bennett has Generalized Anxiety Disorder and panic attacks.

In 2017, Plaintiff Mia Bennett, a nursing student at the University of Michigan- Flint, (ECF No. 14-2, PageID 147-48) was diagnosed with “Generalized Anxiety Disorder [(‘GAD')] with a history of panic attacks.” (ECF No. 14-2, Dep. of M. Bennett, PageID 155; ECF No. 16-3, Provider Statement, PageID 466.) These panic attacks can last “for over an hour,” (ECF No. 14-2, PageID 159), and “can come on quickly with little to no apparent warning,” (ECF No. 16-3, PageID 466). During an untreated attack, Bennett's “heart rate goes up” and she experiences “shortness of breath, tightness in [her] chest,” and “a feeling of impending doom.” (ECF No. 142, PageID 159.) The attacks also “cause[] intense fear of recurrence.” (ECF No. 162, Application for Accommodation, PageID 464.)

Bennett treats her panic attacks with both a dog and medication.

Bennett contends that her dog-“Pistol,” a Pembroke Welsh Corgi-helps her to minimize these attacks. (ECF No. 1, Complaint, PageID 3.) Bennett got Pistol about nine years ago, when he was a puppy. (ECF No. 14-2, PageID 154.) Around five years ago, when she was first diagnosed with GAD, Bennett began to home-train Pistol to be a “medical alert dog.” (ECF No. 14-2, PageID 154-55.) Though she had some help, Bennett “primarily” trained Pistol by herself, and she continues his training to this day. (ECF No. 14-2, PageID 154-55.) Specifically, Bennett has trained Pistol to “detect [a] rise in [her] . . . anxious behaviors” and “signal[] [her] to take [her] medication to stop [a] panic attack” before she could otherwise recognize it. (ECF No. 14-2, PageID 160-63; ECF No. 16-2, PageID 464.)

Her medication is called Ativan. It usually works to stop a panic attack within “five to ten minutes.” (ECF No. 14-2, PageID 159.) However, “it also causes side effects such as drowsiness, dizziness, loss of coordination, headache, nausea, and blurred vision.” (ECF No. 1, PageID 3) (citing Ativan: Side Effects, WebMD https://www.webmd.com/drugs/2/drug-6685/ativan-oral-details [https://perma.cc/ 6DAP-LY3G]). “For that reason, [Bennett] tries to avoid taking Ativan as much as possible in the hospital setting” during her internships and prefers not to take it unless and until an attack is imminent. (ECF No. 1, PageID 3.)

Since training Pistol to alert her to oncoming panic attacks, Bennett has had them “drastically” less often. (ECF No. 14-2, PageID 160.) Pistol and his training have also “enabled [Bennett] to” live her life “without fear of having a major [] attack.” (ECF No. 16-2, PageID 464.)

Bennett was assigned to Hurley Medical Center for her first clinical nursing rotation.

As a UM-Flint nursing student, Bennett is required to complete clinical training rotations that complement her coursework at nearby hospitals each semester. (ECF No. 14-2, PageID 148-50.)

Bennett's first rotation, in “fundamentals of nursing,” was set to begin at Defendant Hurley Medical Center in the fall of 2020. (ECF No. 14-2, PageID 150.) Bennett would work at Hurley, following doctors and nurses making their rounds of patients' rooms, for four hours a week, on Wednesdays, for six weeks. (ECF No. 14, Motion for Summary Judgment, PageID 117; ECF No. 14-6, Dep. of S. Jenkins, PageID 293-94; ECF No. 17, Response to Motion for Summary Judgment, PageID 785.) She would intern on floor 7E, supervised by a member of UM-Flint's nursing faculty. (ECF No. 14-6, PageID 287-88; ECF No. 14-8, Dep. of T. Bourque, PageID 394.)

A “variety of patients” receive treatment on 7E, including “a lot of infectious disease” patients, “congestive heart failure” patients, “vascular patients,” and some “postsurgical patients.” (ECF No. 14-4, Dep. of T. Martin, PageID 248-49.) 7E was also “the designated unit to do [continuous ambulatory peritoneal dialysis] and so . . . most of the medical physicians and renal physicians have their patients” there. (ECF No. 14-4, PageID 249.) “A lot of renal patients are immunocompromised.” (ECF No. 14-4, PageID 250.)^[1]

Bennett sought to bring Pistol with her on her rotation.

About two weeks before the start of this rotation, Bennett emailed Robin Johnson, at Hurley's Human Resources Department, to apply for an accommodation that would allow her “to utilize” Pistol during her rotation. (ECF No. 16-2, PageID 464; ECF No. 16-3, PageID 466; ECF No. 16-5, Aug. 26, 2020 M. Bennett ETO R. Johnson, PageID 504.) In addition to her own description of her request, Bennett's Application included a Provider Statement from Susan Cox, MA, LPC, confirming that Pistol would “alert [Bennett] to physiological signs of an episode that allow her to take steps to avoid a panic attack.” (ECF No. 16-3, PageID 466.)

Johnson forwarded the Application to Summer Jenkins, who was then Hurley's Benefits, Compensation, and Recruitment Manager. (ECF No. 14-6, PageID 273; ECF No. 16-5, PageID 504.) Though she was responsible for handling ADA requests from all employees, Jenkins had never previously “dealt with a request for a service dog.” (ECF No. 14-6, PageID 274-75.)

Jenkins discussed the Application with Peter Bade, Hurley's legal counsel. (ECF No. 14-6, PageID 285.) She also read Hurley's Standard Practices and “did a very quick and dirty Google search on service animals.” (ECF No. 14-6, PageID 286.) She did not ask Bennett for any further information. (ECF No. 14-6, PageID 285.)

On September 8, 2020, Jenkins approved Bennett's request via email. (ECF No. 16-8, Sept. 8, 2020 S. Jenkins ETO M. Bennett, PageID 523.) She also stated that “[u]se of the service dog should comply w/ [Hurley's] Standard Practice 4050.” (ECF No. 16-8, PageID 523.)

Hurley's Standard Practices address the use of service animals.

Standard Practice 4050 provides, in relevant part:

I. POLICY

The ADA allows a Service Animal that is accompanying a person with a Disability to be at any Hurley Medical Center facility (“Facility”)....

While a Service Animal must be permitted to accompany a person with a Disability almost everywhere within the Facility, there are some places in the Facility that are not safe for Service Animals; these areas are discussed in greater detail in section VI. ...

VI. WHEN A SERVICE ANIMAL'S ACCESS MAY BE LIMITED

A Service Animal is permitted in areas of the Facility where patients or the public are allowed, provided the presence of the animal does not require modification of policies practices, or procedures, if such modification would fundamentally alter the goods, services, program, or activity of the Facility; or would jeopardize the safe operation of the Facility ....

A. Inpatient and Outpatient Areas: A Service Animal is generally permitted in inpatient and outpatient areas unless an individualized assessment is made to exclude a Service Animal. This assessment shall be based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence to ascertain: the nature, duration and severity of the risk; the probability that a potential injury will actually occur; and whether any reasonable modifications of policies, practices or procedures or the provision of auxiliary aids or services will mitigate the risk.

1. Restricted Areas:

Areas where a Service Animal generally cannot be permitted to access include limited-access areas that employ greater than general infection-control measures and patient units where a patient is immunosuppressed or in isolation. These areas include but are not limited to operating rooms, post anesthesia recovery unit, and all other critical care areas.

2. Inpatient rooms:

If a determination is made that a Service Animal cannot remain in the room assigned to the patient, the patient will be offered the option of being placed in another comparable room, if available.

3. Visitors:

Service Animals are generally permitted in accordance with Facility policy for all visitors; including, but not limited to, ICU visitation rules for number of visitors and duration of visit. If the visitor is not permitted to bring the Service Animal into a particular area then the Facility shall offer the visitor and the patient an accommodation including, but not limited to, transferring the patient to another comparable room where unrestricted visits could occur, or allowing the visit to occur in a different area that affords

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