United States Eighth Circuit

In an action under the Individuals with Disabilities in Education Act and 42 U.S.C. section 1983 based on the alleged maltreatment of an autistic student by defendant school district, dismissal of the complaint is affirmed where: 1) plaintiff failed to timely request a due process hearing prior to his transfer to another district; and 2) the complaint failed to identify an unconstitutional district policy or custom that caused the alleged injuries.

Appellate Information

• Decided 01/07/2010
• Published 01/07/2010

Judges

• BEAM, Circuit Judge., Before MELLOY, BEAM and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Margaret O'Sullivan Kane, argued, St. Paul, MN, for Appellant., Laura Tubbs Booth, argued, Plymouth, MN, for Appellant Van Der Heiden.


• For Appellees:
  
• Nancy Ellen Blumstein, argued, Sonya J. Guggemos, on the brief, Minneapolis, MN, for Appellees Willmar Public Schools, et al.