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United States Third Circuit


A.W. v. Jersey City Pub. Sch., 05-2553

In a suit brought under 42 U.S.C. section 1983 by a dyslexic former student raising Individuals with Disabilities Education Act (IDEA) and Rehabilitation Act claims, an order denying defendants' motion for qualified immunity is reversed where plaintiff failed to allege an actionable violation of his rights under the IDEA or section 504 of the Rehabilitation Act.

Appellate Information

  • Argued Array
  • Decided 05/24/2007
  • Published 05/24/2007

Judges

  • Before:  SLOVITER, McKEE and RENDELL, Circuit Judges., Before:  SCIRICA, Chief Judge, SLOVITER, McKEE, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, JORDAN and VAN ANTWERPEN , Circuit Judges.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Michael C. Walters [argued], Office of Attorney General of New Jersey, Division of Law, Trenton, NJ, for Appellants.

  • For Appellees:
  • Stephen M. Latimer, Loughlin & Latimer, Hackensack, NJ, Elizabeth A. Athos [argued], Education Law Center, Newark, NJ, Rebecca K. Spar [argued-en banc], Cole, Schotz, Meisel, Forman & Leonard, Hackensack, NJ, for Appellee.
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