United States Ninth Circuit

In an action alleging a teacher's constructive termination arising out of plaintiff's complaints regarding the treatment of disabled students, dismissal of the complaint for lack of standing is reversed where the broad statutory language in section 504 of the Rehabilitation Act and its corresponding anti-retaliation provision in Title VI of the Civil Rights Act did not demonstrate that Congress intended to limit standing under section 504 to only those with disabilities.

Appellate Information

• Argued 12/12/2008
• Decided 10/23/2009
• Published 10/23/2009

Judges

• PREGERSON, Circuit Judge:, Before:  HARRY PREGERSON and D.W. NELSON, Circuit Judges, and JAMES K. SINGLETON, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Janice S. Cleveland, Law offices of Janice S. Cleveland, Riverside, CA, and Gary S. Bennett, Law Offices of Gary S. Bennett, Laguna Hills, CA, for the plaintiff-appellant.


• For Appellees:
  
• Jennifer D. Cantrell and Mark W. Thompson, Atkinson, Andelson, Loya, Ruud & Romo, Riverside, CA, for the defendant-appellee.