Free Motion for Miscellaneous Relief - District Court of Connecticut - Connecticut

Case 3:02-cv-02192-WWE

Document 36

Filed 07/22/2004

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT DAVID BRUNO Plaintiff V. GREENWICH BOARD OF EDUCATION Defendants } } } } } } } CIVIL ACTION NO. 3:02 CV 02192 (WWE) JULY 21, 2004

MOTION TO INTRODUCE ADDITIONAL EVIDENCE In accordance with the provisions of 20 U.S.C. §1415(i)(2)(B)(ii), the plaintiff respectfully requests permission to supplement the administrative record by offering into evidence a copy of the American Psychiatric Association Diagnostic and Statistical Manual-IV Edition (DSM-IV), in particular Section 299.80 that defines and discusses Asperger's Syndrome. A copy had been annexed to plaintiff's Local Rule 56(a)(i) Statement dated June 1, 2004. In its Local Rule 56(a)(2) Statement dated July 16, 2004, the defendant had objected to the inclusion of the copy of the DSM-IV §299.80 as part of plaintiff's Local Rule 56(a)(2) Statement. The defendant ignored the fact that there was extensive information regarding the plaintiff's diagnosis of Asperger's Syndrome presented throughout the hearing regarding his disability during his attendance in Greenwich Public Schools, including evaluation reports that were part of the administrative record. Administrative Record ­ Parent's Exhibits Nos. P-6(4), P-8(2),

Case 3:02-cv-02192-WWE

Document 36

Filed 07/22/2004

Page 2 of 3

P-29(1). The DSM-IV definition annexed to plaintiff's Motion for Summary Judgment and Local Rule 56(a)(2) Statement was intended to provide the Court with a clinical definition of Asperger's Syndrome. The DSM-IV definition will supplement, not supplant, the record. The Court has considerable discretion to decide whether to admit additional evidence in the form of DSM-IV Section 299.80 in the record for review. Jean N. v. Tirozzi, 17 EHLR 580, Civil Action No. H-88-703 (D.Conn. 1991). (attached hereto). The addition of this document will not materially alter the administrative record, but was offered to merely clarify, not supplant, the administrative record. WHEREFORE, for the foregoing reasons, the plaintiff respectfully requests the Court to grant his Motion to Introduce Additional Evidence for these reasons and any additional reasons that may be presented to the Court. PLAINTIFF By________________________________ Lawrence W. Berliner Klebanoff & Alfano, P.C. Corporate Center West 433 South Main Street Suite 102 West Hartford, CT 06110 Tel. No. (860) 313-5005 Fed. Bar No. CT 7002

2

Case 3:02-cv-02192-WWE

Document 36

Filed 07/22/2004

Page 3 of 3

CERTIFICATION This is to certify that a copy of the foregoing was mailed this 21st day of July, 2004 by U.S. Mail first class, postage prepaid to Attorney Valerie Maze, Assistant Town Attorney, Town Hall, 101Field Point Road, Greenwich, CT. __________________________________ Attorney Lawrence W. Berliner

3