United States Second Circuit

In case involving plaintiff, a disabled child suspended by defendants and who sought injunctive relief to reinstate him, rejection of defendants' argument that plaintiff failed to exhaust his administrative remedies, and order awarding plaintiff attorney's fees and costs under the IDEA is reversed where the district court erred in determining that exhaustion would be futile.

Appellate Information

• Decided 09/25/2007
• Published 09/25/2007

Judges

• Before:  WINTER, WALKER and STRAUB, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Stephen Bergstein, Bergstein & Ullrich, LLP, Chester, New York (Ostrer Rosenwasser, LLP, Chester, New York, Law Offices of Michael H. Sussman, Goshen, New York, on the brief) for plaintiff-appellee-cross-appellant., Mark C. Rushfield, Shaw & Perelson, LLP, Highland, New York for defendants-appellants-cross-appellees.