United States Sixth Circuit

In plaintiffs' suit against a private school and others, seeking relief under the Rehabilitation Act and Ohio law for the expulsion of their disabled minor son from defendant-school, district court's grant of summary judgment in favor of defendants on the ground that the suit was time barred is reversed and remanded where: 1) plaintiffs had until August 31, 2007, to file their claims under the Rehabilitation Act or section 1983, and the district court concluded that the claim accrued and the statutory period began running on August 31, 2005; 2) both the minor child and plaintiffs' federal law claims were subject to minority tolling and therefore not barred by the statute of limitations; and 3) district court's dismissal of plaintiffs' state law claims is reversed and remanded.

Appellate Information

• Argued 06/16/2010
• Decided 08/25/2010
• Published 08/25/2010

Judges

• SILER

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Kathi J. Machle, S. Adele Shank