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Damages for emotional harm

Cummings v. Premier Rehab Keller

Updated Sep 19, 2026

In brief

The Supreme Court upheld the Fifth Circuit's ruling: people bringing private suits under the Rehabilitation Act or Affordable Care Act cannot recover money for emotional distress.

Where it stands
Decided

Decided 6-3 · April 28, 2022 · Opinion by Justice Kavanaugh

What it’s about
This case asked whether a patient who was denied an American Sign Language interpreter by a federally funded physical therapy provider could recover money for emotional harm under the Rehabilitation Act and the Affordable Care Act.
Who it affects
The ruling limits money compensation in private discrimination suits under these laws by barring recovery for emotional distress.

Summary: written with AI from the case record.

Illustration for Cummings v. Premier Rehab Keller
Conceptual illustration · AI-generated

What it's about

The Supreme Court held that emotional distress damages are not available in private suits enforcing those statutes.

It concerns federal civil-rights laws that bar discrimination by organizations accepting federal money.

Question presented

Whether the compensatory damages available under Title VI and the statutes that incorporate its remedies include compensation for emotional distress.

What the Court decided

Holding

Emotional distress damages are not recoverable in a private action to enforce either the Rehabilitation Act of 1973 or the Affordable Care Act. 948 F. 3d 673, affirmed.

Result
Affirmed

The vote

  • Joined the judgment
  • Dissented
  • Wrote an opinion
Majority · 6joined the Court's opinion
  1. Barrett
  2. Thomas
  3. Kavanaughwrote the opinion
  4. Robertsalso wrote separately
  5. Gorsuch
  6. Alito
Dissenting · 3disagreed with the result
  1. Breyerwrote the dissent
  2. Kagan
  3. Sotomayor
6 justices joined the judgment, 3 dissented.

From the opinions

“Today, the Court holds that the compensatory damages available under these statutes cannot include compensation for emotional suffering.”

— Justice Breyer(dissent)

What's next

The Fifth Circuit's ruling remains in place. Lower courts will apply this rule when deciding money compensation in similar private suits under these statutes.

Documents

3

Docket activity

10
  • New analysis added

    Sep 19, 2026 · Court records

  • AI analysis generated: Case Briefing

    Sep 19, 2026 · Generated

  • New analysis added

    Sep 19, 2026 · Court records

  • AI analysis generated: Impact Analysis

    Sep 19, 2026 · Generated

  • AI analysis generated: Opinion Summary

    Sep 19, 2026 · Generated

Show 5 more
  • AI analysis generated: Decision Record

    Sep 19, 2026 · Generated

  • Case data updated: status, opinion_date

    Jul 25, 2026 · Court records

  • Opinion added: opinion

    Apr 28, 2022 · Court records

  • Brief added: Petition

    Aug 21, 2020 · Court records

  • Brief added: Questions Presented

    Court records

More questions

4
What was the dispute in Cummings v. Premier Rehab Keller?
A patient said a federally funded physical-therapy provider denied an American Sign Language interpreter. The patient sought emotional-distress compensation under the Rehabilitation Act and Affordable Care Act.
What did the Supreme Court decide in Cummings?
It upheld the Fifth Circuit's ruling. Emotional-distress damages are unavailable in private suits enforcing either the Rehabilitation Act or Affordable Care Act.
How does the decision affect private discrimination suits?
People bringing such suits under these laws cannot recover money for emotional distress.
What happens next after the decision?
The Fifth Circuit's ruling remains in place. Lower courts will apply the same limit in similar private suits under these statutes.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Sep 19, 2026Methodology

Court records and filings

Reporting and analysis