CA1: the beauty of sua sponte summary in retaliation claims

Vives v. Fajardo, No. 05-2813 affirms a grant of sua sponte summary judgment to the defendants where the plaintiffs claimed under the anti-retaliation provisions of the Rehabilitation Act, 29 U.S.C. § 794a; 45 C.F.R. § 80.7(e) that the defendants told the Rico Department of Family (DOF) that plaintifss “were negligent parents in retaliation for filing a complaint with a federal agency asserting disability discrimination.”   From the record, it seems that the teachers got frustrated with the parents who were difficult to reach during the day, they concluded that the parents didn’t care.  But, because the parents didn’t show that they were prejudiced they lose on appeal, even though the defendants got summary judgment before the plaintiffs received notice.