United States Ninth Circuit
C.O. v. Portland Public Schools, 10-35340
In a suit stemming from alleged inadequacies in a disabled child's individualized education program, the Ninth Circuit: 1) reverses a finding that the school district and its lawyer were liable for $1 in nominal damages pursuant to the Individuals with Disabilities Education Act (IDEA) and 42 USC section 1983, as there is no cause of action for nominal damages under the IDEA, and the 1983 claim was the functional equivalent of a claim of procedural defect under the IDEA; and 2) affirms the dismissal of claims for monetary relief under the Rehabilitation Act and ADA based on the admissions policy of the district's magnet high school, as Congress created no such cause of action.
Appellate Information
- Decided 05/14/2012
- Published 05/14/2012
Judges
- O'Scannlain
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Bruce L. Campbell, Inge D. Wells