United States Tenth Circuit

Administrative remedies under the Individual with Disabilities Education Act (IDEA) preclude civil rights actions under 42 USC 1983 based on the alleged IDEA violations.

Appellate Information

• Decided 12/05/2000
• Published 12/05/2000

Judges

• McKAY, Circuit Judge., Before BALDOCK, McKAY, and ALARCON , Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Richard F. Hennessey and Kathryn A. Wingard of Pendleton, Friedberg, Wilson & Hennessey, P.C., filed an amicus curiae brief for Rocky Mountain Children's Law Center., Kathleen B. Boundy, Co-Director, Center for Law and Education, Boston, Massachusetts, and Michael W. Breeskin, General Counsel, Association for Community Living in Boulder County, Inc., filed an amicus curiae brief for Center for Law and Education, Tash, and the Association for Community Living in Boulder County, Inc., Kristin A. Kutz and William P. Bethke of Kutz & Bethke, Lakewood, CO, filed an amicus curiae brief for Arc of Denver, Arc of Adams County, Arc of Arapahoe & Douglas Counties, Arc of Colorado, Arc of the United States, NAMI Colorado, and National Alliance for the Mentally Ill., Julie K. Underwood, General Counsel, National School Boards Association, Alexandria, VA;  Lauren B. Kingsbery and Julie Murphy Seavy, Legal Counsel, Colorado Association of School Boards, Denver, CO;  and Julie J. Weatherly, School Board Attorney, Weatherly Law Firm, Atlanta, GA, filed an amicus curiae brief for National School Boards Association and Colorado Association of School Boards., Chester R. Chapman, Denver, CO, filed an amicus curiae brief for The Legal Center for People with Disabilities and Older People, the Colorado Developmental Disabilities Planning Council, and National Association of Protection and Advocacy Systems.


• For Appellees:
  
• Patrick B. Mooney (Julie C. Tolleson and Elizabeth J. Hyatt with him on the briefs) of Semple, Miller & Mooney, P.C., Denver, CO, for Defendants-Appellants., Kathleen Mullen of Law Office of Kathleen Mullen, P.C., Denver, CO, for Plaintiff-Appellee.