United States Sixth Circuit
S.E. v. Grant County Bd. of Educ., 076330
In a claim against school officials in response to seventh-grader's sharing of prescription medicine with fellow students, grant of qualified immunity to individual defendants and summary judgment for defendant school district is affirmed where: 1) Heck v. Humphrey is inapplicable and posed no bar to plaintiffs' claims; 2) assistant principal's actions did not constitute violations of either the Fourth or Fifth Amendments; and 3) "[i]f the administrative review procedures available to [plaintiff's] family had been utilized, the court below would have had a factual record to weigh in deciding whether or not the [504] Plan had been implemented" and the district court correctly dismissed claim regarding a Section 504 Plan without prejudice.
Appellate Information
- Decided 10/10/2008
- Published 10/10/2008
Judges
Court
- United States Sixth Circuit