Case: Doe v. Oak Park

1:94-cv-06449 | U.S. District Court for the Northern District of Illinois

Filed Date: Sept. 23, 1994

Closed Date: 1997

Clearinghouse coding complete

Case Summary

The plaintiff, a 13-year-old freshman at Oak Park & River Forest High School (OPRF), was accused of being in possession of a pipe and a small amount of marijuana at a school dance on September 9, 1994. The student was a special education student who had been identified as having a learning disability. The OPRF Board of Education issued a ten-day suspension in accordance with its Code of Conduct and thereafter expelled the student for the remainder of the fall semester.On September 23, 1994, the…

The plaintiff, a 13-year-old freshman at Oak Park & River Forest High School (OPRF), was accused of being in possession of a pipe and a small amount of marijuana at a school dance on September 9, 1994. The student was a special education student who had been identified as having a learning disability. The OPRF Board of Education issued a ten-day suspension in accordance with its Code of Conduct and thereafter expelled the student for the remainder of the fall semester.

On September 23, 1994, the plaintiff filed a due process hearing request under the Individuals with Disabilities Education Act, asserting that OPRF's determination that the plaintiff's conduct was unrelated to his disability was inadequate. On December 12, 1994, the Level I hearing officer upheld the Board's actions, agreeing with the Board's determination that plaintiff's actions were not related to his disability. On July 25, 1995, the Level II hearing officer reversed, concluding that OPRF's failure to stay plaintiff's placement or provide alternative educational services had violated plaintiff's due process and IDEA rights in several respects.

While the IDEA agency was processing the administrative claim, on October 26, 1994, the plaintiffs filed a complaint in the U.S. District Court for the Northern District of Illinois under 42 U.S.C. § 1983, and the Individuals with Disabilities Education Act, alleging that plaintiff's expulsion violated his rights pursuant to the Fourteenth Amendment to the United States Constitution, the Illinois School Code, the Board's own rules by expelling him pursuant to a “zero tolerance” policy, state law, and rights as special education students under the Individuals with Disabilities Education Act (“IDEA”) have been violated by OPRF's alleged policy of not offering alternative educational services during expulsions.

Specifically, the plaintiffs argued that he was not given a reasonable opportunity to obtain an independent evaluation in order to persuade the school that his misbehavior was related to his unevaluated ADHD.

The parties continued to exchange discovery until February 1995. On February 2, 1995, the defendants filed a motion to dismiss. On April 17, 1995, the court (Judge Charles Kocoras) denied the defendant's motion to dismiss.

On May 2, 1995, the defendants filed a motion for summary judgment.

On October 11, 1995, the defendant's motion for summary judgment on all of the complaint except Count 8 (alleging violations of the IDEA) was granted, stating that the procedures OPRF followed in making its decision to expel the plaintiff afforded him adequate due process and was not in violation of the constitution or other state and local law. Also on October 11, 1995, the defendants filed a counterclaim appealing the Level II hearing officer's decision.

On November 30, 1995, the parties then filed cross-motions for summary judgment. On March 12, 1996, the plaintiff's motion for summary judgment on counterclaim was denied, and defendant's motion for summary judgment against plaintiff-counter defendant was granted.

The court granted final judgment in favor of the all defendants and against all plaintiffs on July 10, 1996. The court found that the IDEA did not require the school to continue to provide educational services to a student who has been expelled for reasons unrelated to his disability and that, by his actions, the plaintiff forfeited his right to the "free appropriate public education" required by the IDEA. Similarly, the court found that the defendant was not required by the IDEA to stay plaintiff's placement during the due process hearings absent a relationship between the misconduct at issue and the child's disability. With respect to the defendant's counterclaim, the district court determined that the Level II hearing officer had relied on certain facts that were not properly dispositive of the issue at hand. The court found that the school had "reasonably protected" the plaintiff's rights and that its decision was reasonably informed; thus the court concluded that the school had properly found that the plaintiff's misconduct was not related to his learning disability.

On April 7, 1996, the plaintiffs filed an appeal. On May 27, 1997, the United States Court of Appeals, Seventh Circuit affirmed the district court's decision. The Appeals Court relied on Doe v. Maher, where a handicapped child's misconduct did not trigger the protections of the IDEA. Thus, the plaintiff was not prejudiced by having less than ten days in which they could obtain an ADHD evaluation did not violate the IDEA.

This case is now closed.

Summary Authors

Ginny Lee (4/3/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10199195/parties/doe-v-bd-of-ed-oak-pk/

Judge(s)

Cummings, Samuel Ray (Texas)

Kocoras, Charles Petros (Illinois)

Attorney for Plaintiff

Beck-Fries, Bonnie Lou (Illinois)

Attorney for Defendant

McGarrity, Lisa Anne (Illinois)

Relias, John Alexis (Illinois)

Documents in the Clearinghouse

1:94-cv-06449

Docket [PACER]

Doe v. Board of Education of Oak Park & River Forest High School District 200

July 2, 1997

July 2, 1997

Docket
75

1:94-cv-06449

Memorandum Opinion

Doe v. Board of Education of Oak Park and River Forest High School District 200

Oct. 12, 1995

Oct. 12, 1995

Order/Opinion

1995 WL 608534

110

1:94-cv-06449

Memorandum Opinion

Doe v. Board of Education of Oak Park & River Forest High School District 200

Feb. 16, 1996

Feb. 16, 1996

Order/Opinion

1996 WL 79411

118

1:94-cv-06449

Memorandum Opinion

Doe v. Board of Education of Oak Park and River Forest High School District 200

April 22, 1996

April 22, 1996

Order/Opinion

1996 WL 197690

140

1:94-cv-06449

Memorandum Opinion

Doe v. Board of Education of Oak Park & River Forest High School District 200

July 11, 1996

July 11, 1996

Order/Opinion

1996 WL 392160

96-03014

[Opinion]

Doe v. Board of Education of Oak Park & River Forest High School District 200

U.S. Court of Appeals for the Seventh Circuit

May 27, 1997

May 27, 1997

Order/Opinion

115 F.3d 1273

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10199195/doe-v-bd-of-ed-oak-pk/

Last updated Sept. 22, 2026, 4:20 p.m.

Docket for: Doe v. Bd of Ed Oak Pk
ECF Number Date Description Link
1 Oct. 26, 1994

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Susan Ellyn Einspar-Wayne, Bonnie Lou Beck-Fries as attorney(s) for plaintiff John Doe with Rule 39 affidavits for each ( Thirteen originals and thirteen copies summons(es) issued.) ( Documents: 1-1 through 1-5) (jmp) (Entered: 10/27/1994)

RECAP
Oct. 26, 1994

RECEIPT regarding payment of filing fee paid; on 10/26/94 in the amount of $ 120.00, receipt # 444194. (jmp) (Entered: 10/27/1994)

PACER
Oct. 26, 1994

RECEIPT regarding payment of filing fee paid; on 10/26/94 in the amount of $ 120.00, receipt # 444194. (jmp)

2 Nov. 14, 1994

MINUTE ORDER of 11/14/94 by Hon. Charles P. Kocoras : Status hearing set for 12/07/94 at 9:30 a.m. Enter scheduling order. (See reverse of minute order) Mailed notice (jmp) (Entered: 11/23/1994)

RECAP
3 Nov. 21, 1994

ANSWER to plaintiffs' complaint by defendant Bd of Ed Oak Pk (jmp) (Entered: 12/01/1994)

RECAP
4 Nov. 21, 1994

ATTORNEY APPEARANCE for defendant Bd of Ed Oak Pk by John Alexis Relias, Lisa Anne Lopatka (jmp) (Entered: 12/01/1994)

RECAP
5 Nov. 21, 1994

RULE 39 Affidavit of John Alexis Relias (jmp) (Entered: 12/01/1994)

RECAP
6 Nov. 21, 1994

RULE 39 Affidavit of Lisa Anne Lopatka (jmp) (Entered: 12/01/1994)

RECAP
7 Dec. 7, 1994

MINUTE ORDER of 12/7/94 by Hon. Charles P. Kocoras : Status hearing held; continued to 02/07/95 at 9:30 a.m. Discovery to be completed by 02/07/95. Mailed notice (jmp) (Entered: 12/09/1994)

RECAP
8 Feb. 2, 1995

MOTION by defendants Bd of Ed Oak Pk, Nancy Smiley, Donald Offermann, William R Cragg, David W Ristau, Stephen C Bruner, John R McCulloh, Regina Kwan Peterson, Chester L Stewart III, Albert G Sye, Stephen E Lebrecht, Suzanne J Casey, Deborah Bluminberg to dismiss and to stay discovery pending resolution of their motion to dismiss ; (jmp) (Entered: 02/03/1995)

RECAP
9 Feb. 2, 1995

NOTICE of motion by defendants Bd of Ed Oak Pk, Nancy Smiley, Donald Offermann, William R Cragg, David W Ristau, Stephen C Bruner, John R McCulloh, Regina Kwan Peterson, Chester L Stewart III, Albert G Sye, Stephen E Lebrecht, Suzanne J Casey, Deborah Bluminberg regarding motion to dismiss [8-1], and to stay discovery pending resolution of their motion to dismiss [8-2] (jmp) (Entered: 02/03/1995)

RECAP
10 Feb. 2, 1995

MEMORANDUM by defendants Bd of Ed Oak Pk, Nancy Smiley, Donald Offermann, William R Cragg, David W Ristau, Stephen C Bruner, John R McCulloh, Regina Kwan Peterson, Chester L Stewart III, Albert G Sye, Stephen E Lebrecht, Suzanne J Casey, Deborah Bluminberg in support of motion to dismiss [8-1] and to stay discovery pending resolution of their motion to dismiss [8-2] (Exhibits) (jmp) (Entered: 02/03/1995)

RECAP
11 Feb. 2, 1995

MINUTE ORDER of 2/2/95 by Hon. Charles P. Kocoras : Answer brief to motion to dismiss [8-1] due 02/28/95. Ruling on motion to dismiss [8-1] set for 03/8/95 at 9:30 a.m. Defendants' oral motion to replace portions of their motion to dismiss is granted. Defendants' motion to stay discovery pending resolution of their motion to dismiss [8-2] is granted. Status hearing set for 02/13/95 is stricken. Mailed notice (jmp) (Entered: 02/03/1995)

RECAP
Feb. 2, 1995

ORAL MOTION by defendants' Bd of Ed Oak Pk, Nancy Smiley, Donald Offermann, William R Cragg, David W Ristau, Stephen C Bruner, John R McCulloh, Regina Kwan Peterson, Chester L Stewart III, Albert G Sye, Stephen E Lebrecht, Suzanne J Casey, Deborah Bluminberg to replace portions of their motion to dismiss (jmp) (Entered: 02/03/1995)

PACER
Feb. 2, 1995

ORAL MOTION by defendants' Bd of Ed Oak Pk, Nancy Smiley, Donald Offermann, William R Cragg, David W Ristau, Stephen C Bruner, John R McCulloh, Regina Kwan Peterson, Chester L Stewart III, Albert G Sye, Stephen E Lebrecht, Suzanne J Casey, Deborah Bluminberg to replace portions of their motion to dismiss (jmp)

12 Feb. 6, 1995

AMENDED MEMORANDUM OF LAW by defendants' Bd of Ed Oak Pk, Nancy Smiley, Donald Offermann, William R Cragg, David W Ristau, Stephen C Bruner, John R McCulloh, Regina Kwan Peterson, Chester L Stewart III, Albert G Sye, Stephen E Lebrecht, Suzanne J Casey, Deborah Bluminberg in support of their motion to dismiss [8-1] and to stay discovery pending resolution of their motion to dismiss (Exhibits) (jmp) (Entered: 02/09/1995)

RECAP
13 Feb. 6, 1995

NOTICE of filing by defendants' Bd of Ed Oak Pk, Nancy Smiley, Donald Offermann, William R Cragg, David W Ristau, Stephen C Bruner, John R McCulloh, Regina Kwan Peterson, Chester L Stewart III, Albert G Sye, Stephen E Lebrecht, Suzanne J Casey, Deborah Bluminberg regarding memorandum of law in support of their motion to dismiss and to stay discovery pending resolution of their motion to dismiss [12-1] (jmp) (Entered: 02/09/1995)

RECAP
14 Feb. 23, 1995

MOTION by plaintiff John Doe for extension of time to file their response to motion to dismiss ; (jmp) (Entered: 02/24/1995)

RECAP
15 Feb. 23, 1995

AFFIDAVIT of Susan Einspar-Wayne regarding motion for extension of time to file their response to motion to dismiss [14-1] (Attachments) (jmp) (Entered: 02/24/1995)

RECAP
16 Feb. 23, 1995

NOTICE of motion by plaintiff John Doe regarding motion for extension of time to file their response to motion to dismiss [14-1] (jmp) (Entered: 02/24/1995)

RECAP
17 Feb. 23, 1995

NOTICE of filing by plaintiff John Doe regarding motion for extension of time to file their response to motion to dismiss [14-1] (jmp) (Entered: 02/24/1995)

RECAP
18 Feb. 23, 1995

MINUTE ORDER of 2/23/95 by Hon. Charles P. Kocoras : Plaintiffs' motion for extension of time to file their response to motion to dismiss [14-1] is granted. Answer to defendants' motion to dismiss [8-1] due 03/09/95. Reply to answer brief due 03/16/95. Ruling on motion to dismiss [8-1] reset to 04/04/95 at 9:30 a.m. Mailed notice (jmp) (Entered: 02/24/1995)

RECAP
19 March 9, 1995

RESPONSE by plaintiffs' John Doe to defendants motion to dismiss pursuant to Rule 37 and cross motion for protective order [8-1] (Exhibits) (jmp) (Entered: 03/13/1995)

RECAP
20 March 9, 1995

NOTICE of filing by plaintiff John Doe regarding response to defendants motion to dismiss pursuant to Rule 37 and cross motion for protective order [19-1] (jmp) (Entered: 03/13/1995)

RECAP
21 March 17, 1995

RESPONSE by plaintiff John Doe to motion for extension of time to file reply (jmp) (Entered: 03/21/1995)

RECAP
22 March 17, 1995

AFFIDAVIT of Allison Bernabei regarding response to motion for extension of time to file reply [21-1] (jmp) (Entered: 03/21/1995)

RECAP
23 March 17, 1995

NOTICE of filing by plaintiff John Doe regarding response to motion for extension of time to file reply [21-1], regarding affidavit in support [22-1] (jmp) (Entered: 03/21/1995)

RECAP
24 March 21, 1995

REPLY by defendants' Bd of Ed Oak Pk, Nancy Smiley, Donald Offermann, William R Cragg, David W Ristau, Stephen C Bruner, John R McCulloh, Regina Kwan Peterson, Chester L Stewart III, Albert G Sye, Stephen E Lebrecht, Suzanne J Casey, Deborah Bluminberg in support of their motion to dismiss [8-1] (Exhibits) (jmp) (Entered: 03/23/1995)

RECAP
25 March 21, 1995

AFFIDAVIT of John A. Relias in support of defendants' reply memorandum in support of their motion to dismiss [24-1] (jmp) (Entered: 03/23/1995)

RECAP
26 March 24, 1995

MOTION by plaintiff John Doe to file surreply in opposition to motion to dismiss ; (jmp) (Entered: 03/27/1995)

RECAP
27 March 24, 1995

NOTICE of motion by plaintiff John Doe regarding motion to file surreply in opposition to motion to dismiss [26-1] (jmp) (Entered: 03/27/1995)

RECAP
28 March 28, 1995

UNCONTESTED MOTION by defendants' Bd of Ed Oak Pk, Nancy Smiley, Donald Offermann, William R Cragg, David W Ristau, Stephen C Bruner, John R McCulloh, Regina Kwan Peterson, Chester L Stewart III, Albert G Sye, Stephen E Lebrecht, Suzanne J Casey, Deborah Bluminberg for an extension of time to file reply memorandum in support of their motion to dismiss and to stay discovery ; (jmp) (Entered: 03/29/1995)

RECAP
29 March 28, 1995

NOTICE of motion by defendants Bd of Ed Oak Pk, Nancy Smiley, Donald Offermann, William R Cragg, David W Ristau, Stephen C Bruner, John R McCulloh, Regina Kwan Peterson, Chester L Stewart III, Albert G Sye, Stephen E Lebrecht, Suzanne J Casey, Deborah Bluminberg regarding motion for an extension of time to reply memorandum in support of their motion to dismiss and to stay discovery [28-1] (jmp) (Entered: 03/29/1995)

RECAP
30 March 28, 1995

MINUTE ORDER of 3/28/95 by Hon. Charles P. Kocoras : Defendants' uncontested motion for an extension of time to file reply memorandum in support of their motion to dismiss and to discovery [28-1] is granted. Reply to motion to dismiss [8-1] due 03/21/95. Plaintiffs' pending motion to file surreply in opposition to motion to dismiss [26-1] is denied. Ruling on motion to dismiss [8-1] set for 04/04/95 to stand. No notice (jmp) (Entered: 03/29/1995)

RECAP
31 March 28, 1995

TRANSCRIPT of proceedings for the following date(s): 2/2/95. Before Honorable Charles P. Kocoras. (jmp) (Entered: 03/29/1995)

RECAP
32 April 3, 1995

MINUTE ORDER of 4/3/95 by Hon. Charles P. Kocoras : Ruling set for 04/04/95 on pending motion to dismiss [8-1] is stricken. The court will rule by mail. Telephoned notice (jmp) (Entered: 04/04/1995)

RECAP
33 April 17, 1995

MEMORANDUM OPINION (jmp) (Entered: 04/18/1995)

RECAP
34 April 17, 1995

MINUTE ORDER of 4/17/95 by Hon. Charles P. Kocoras : Status hearing set for 05/10/95 at 9:30 a.m. Enter memorandum opinion: Defendants' motion to dismiss case [8-1] is denied. Plaintiff's cross-motion Doc 19 for a protective order is denied. All other pending motions, if any, are hereby moot. Finding the motion to stay discovery pending resolution of their motion to dismiss [8-2] moot. Finding the motion to replace portions of their motion to dismiss [0-1] moot. Finding the motion for extension of time to file their response to motion to dismiss [14-1] moot. Finding the motion to file surreply in opposition to motion to dismiss [26-1] moot. Finding the motion for an extension of time to file reply memorandum in support of their motion to dismiss and to stay discovery [28-1] moot. Mailed notice (jmp) (Entered: 04/18/1995)

RECAP
35 May 1, 1995

RESPONSE by plaintiff John Doe to defendants' motion to stay discovery (Attachment) (Exhibits) (jmp) (Entered: 05/02/1995)

RECAP
36 May 2, 1995

MOTION by defendants' Bd of Ed Oak Pk, Nancy Smiley, Donald Offermann, William R Cragg, David W Ristau, Stephen C Bruner, John R McCulloh, Regina Kwan Peterson, Chester L Stewart III, Albert G Sye, Stephen E Lebrecht, Suzanne J Casey, Deborah Bluminberg to stay discovery pending ruling on motion for summary judgment (Attachments); (jmp) (Entered: 05/03/1995)

RECAP
37 May 2, 1995

NOTICE of motion by defendants' Bd of Ed Oak Pk, Nancy Smiley, Donald Offermann, William R Cragg, David W Ristau, Stephen C Bruner, John R McCulloh, Regina Kwan Peterson, Chester L Stewart III, Albert G Sye, Stephen E Lebrecht, Suzanne J Casey, Deborah Bluminberg regarding motion to stay discovery pending on motion for summary judgment [36-1] (jmp) (Entered: 05/03/1995)

RECAP
38 May 2, 1995

MOTION by defendants' Bd of Ed Oak Pk, Nancy Smiley, Donald Offermann, William R Cragg, David W Ristau, Stephen C Bruner, John R McCulloh, Regina Kwan Peterson, Chester L Stewart III, Albert G Sye, Stephen E Lebrecht, Suzanne J Casey, Deborah Bluminberg to file instanter memorandum in excess of 15 pages ; (jmp) (Entered: 05/03/1995)

RECAP
39 May 2, 1995

NOTICE of motion by defendants' Bd of Ed Oak Pk, Nancy Smiley, Donald Offermann, William R Cragg, David W Ristau, Stephen C Bruner, John R McCulloh, Regina Kwan Peterson, Chester L Stewart III, Albert G Sye, Stephen E Lebrecht, Suzanne J Casey, Deborah Bluminberg regarding motion to file instanter memorandum in excess of 15 pages [38-1] (jmp) (Entered: 05/03/1995)

RECAP
40 May 2, 1995

MOTION by defendants' Bd of Ed Oak Pk, Nancy Smiley, Donald Offermann, William R Cragg, David W Ristau, Stephen C Bruner, John R McCulloh, Regina Kwan Peterson, Chester L Stewart III, Albert G Sye, Stephen E Lebrecht, Suzanne J Casey, Deborah Bluminberg for summary judgment ; (jmp) (Entered: 05/03/1995)

RECAP
41 May 2, 1995

NOTICE of motion by defendants' Bd of Ed Oak Pk, Nancy Smiley, Donald Offermann, William R Cragg, David W Ristau, Stephen C Bruner, John R McCulloh, Regina Kwan Peterson, Chester L Stewart III, Albert G Sye, Stephen E Lebrecht, Suzanne J Casey, Deborah Bluminberg regarding motion for summary judgment [40-1] (jmp) (Entered: 05/03/1995)

RECAP
42 May 2, 1995

MEMORANDUM OF LAW by defendants' Bd of Ed Oak Pk, Nancy Smiley, Donald Offermann, William R Cragg, David W Ristau, Stephen C Bruner, John R McCulloh, Regina Kwan Peterson, Chester L Stewart III, Albert G Sye, Stephen E Lebrecht, Suzanne J Casey, Deborah Bluminberg in support of their motion for summary judgment [40-1] (jmp) (Entered: 05/03/1995)

RECAP
43 May 2, 1995

RULE 12(M) Statement of material undisputed facts by defendants' Bd of Ed Oak Pk, Nancy Smiley, Donald Offermann, William R Cragg, David W Ristau, Stephen C Bruner, John R McCulloh, Regina Kwan Peterson, Chester L Stewart III, Albert G Sye, Stephen E Lebrecht, Suzanne J Casey, Deborah Bluminberg (jmp) (Entered: 05/03/1995)

RECAP
44 May 2, 1995

EXHIBITS to defendants' RULE 12(M) statement of material undisputed facts [43-1] by defendants' Bd of Ed Oak Pk, Nancy Smiley, Donald Offermann, William R Cragg, David W Ristau, Stephen C Bruner, John R McCulloh, Regina Kwan Peterson, Chester L Stewart III, Albert G Sye, Stephen E Lebrecht, Suzanne J Casey, Deborah Bluminberg (Attachments) (jmp) (Entered: 05/03/1995)

RECAP
45 May 2, 1995

AFFIDAVIT of John A. Relias regarding exhibits [44-1] (jmp) (Entered: 05/03/1995)

RECAP
46 May 2, 1995

MINUTE ORDER of 5/2/95 by Hon. Charles P. Kocoras : Status hearing reset for 06/01/95 at 9:30 a.m. Defendants' motion to stay discovery pending ruling on motion for summary judgment [36-1] is granted in part and denied in part. Defendants' motion for leave to file memorandum in excess of 15 pages [38-1] is granted. Defendants' motion for summary judgment [40-1] is entered and continued to 06/01/95 at 9:30 a.m. All other pending motions, if any, are hereby moot. No notice (jmp) (Entered: 05/03/1995)

RECAP
May 26, 1995

SCHEDULE set on 5/26/95 by Hon. Charles P. Kocoras : Status hearing reset to 9:30 6/2/95 . Mailed notice (sct)

May 26, 1995

SCHEDULE set on 5/26/95 by Hon. Charles P. Kocoras : Status hearing reset to 9:30 6/2/95 . Mailed notice (sct) (Entered: 05/26/1995)

PACER
47 June 2, 1995

TRANSCRIPT of proceedings for the following date(s): 05/02/95. Before Honorable Charles P. Kocoras. (jmp) (Entered: 06/02/1995)

RECAP
48 June 2, 1995

MOTION by plaintiff John Doe to compel pursuant to Rule 37 (Exhibits); Notice of motion (jmp) (Entered: 06/06/1995)

RECAP
49 June 2, 1995

MINUTE ORDER of 6/2/95 by Hon. Charles P. Kocoras : Status hearing held. Plaintiff's motion to compel discovery and award plaintiffs' extenses, including attorney fees [48-1] is denied in its entirety. Answer to defendants' pending motion for summary judgment [40-1] is due 07/05/95. Reply to answer brief due 07/19/95. Ruling on motion for summary judgment [40-1] set for 9:30 a.m. on 08/10/95. No notice (jmp) (Entered: 06/06/1995)

RECAP
50 June 29, 1995

AGREED MOTION by plaintiff John Doe for extension of time in which to file their response to defendants' motion for summary judgment ; Notice of motion (jmp) (Entered: 06/30/1995)

RECAP
51 June 29, 1995

MINUTE ORDER of 6/29/95 by Hon. Charles P. Kocoras : Plaintiff's agreed motion for extension of time to 08/09/95 in which to file their answer to defendants' motion for summary judgment [50-1] is granted. Reply to motion for summary judgment [40-1] due 08/23/95. Ruling on motion for summary judgment [40-1] set for 08/10/95 is reset to 9:30 a.m. on 09/13/95. Mailed notice (jmp) (Entered: 06/30/1995)

RECAP
52 Aug. 22, 1995

AGREED MOTION by plaintiff for extension of time ; Notice of motion. (fce) (Entered: 08/23/1995)

RECAP
53 Aug. 22, 1995

AFFIDAVIT of Susan Einspar-Wayne regarding motion for extension of time [52-1] (fce) (Entered: 08/23/1995)

RECAP
54 Aug. 22, 1995

MINUTE ORDER of 8/22/95 by Hon. Charles P. Kocoras : Granting plaintiff's agreed motion for extension of time [52-1] to 8/28/95 to file their response to motion for summary judgment [40-1] Reply to answer brief due 9/11/95 Ruling on motion for summary judgment [40-1] set for 9/13/95 is reset to 9:30 am on 9/27/95 Mailed notice (fce) (Entered: 08/23/1995)

RECAP
55 Aug. 31, 1995

MOTION by plaintiff John Doe to amend complaint, to voluntarily dismiss counts I and III, and stay proceedings on defendants' motion for summary judgment ; Notice of motion (jmp) (Entered: 09/01/1995)

RECAP
56 Aug. 31, 1995

AFFIDAVIT of Susan Einspar-Wayne regarding motion to amend complaint [55-1], to voluntarily dismiss counts I and III [55-2], and stay proceedings on defendants' motion for summary judgment [55-3] (Exhibits) (jmp) (Entered: 09/01/1995)

RECAP
57 Aug. 31, 1995

MINUTE ORDER of 8/31/95 by Hon. Charles P. Kocoras : Plaintiffs' motion to amend complaint [55-1], motion to voluntarily dismiss counts I and III [55-2], and stay proceedings on defendants' motion for summary judgment [55-3] are denied. Plaintiff's oral motion for leave to file the appearance of additional counsel [0-1] is granted. Defendants' oral motion for leave to file counterclaim [0-1] is presently denied. Plaintiffs are given an extension of time to 09/07/95 to answer pending motion for summary judgment [40-1]. Reply due 09/15/95. Ruling on motion for summary judgment [40-1] reset from 09/27/95 to 9:30 a.m. on 10/11/95. Mailed notice (jmp) (Entered: 09/01/1995)

RECAP
58 Aug. 31, 1995

ATTORNEY APPEARANCE for plaintiff John Doe by Robert A. Wolf (fce) (Entered: 09/05/1995)

RECAP
Aug. 31, 1995

ORAL MOTION by plaintiff John Doe for leave to file the appearance of additional counsel (jmp) (Entered: 09/01/1995)

PACER
Aug. 31, 1995

ORAL MOTION by defendants' Bd of Ed Oak Pk, Nancy Smiley, Donald Offermann, William R Cragg, David W Ristau, Stephen C Bruner, John R McCulloh, Regina Kwan Peterson, Chester L Stewart III, Albert G Sye, Stephen E Lebrecht, Suzanne J Casey, Deborah Bluminberg for leave to file counterclaim (jmp) (Entered: 09/01/1995)

PACER
Aug. 31, 1995

ORAL MOTION by plaintiff John Doe for leave to file the appearance of additional counsel (jmp)

Aug. 31, 1995

ORAL MOTION by defendants' Bd of Ed Oak Pk, Nancy Smiley, Donald Offermann, William R Cragg, David W Ristau, Stephen C Bruner, John R McCulloh, Regina Kwan Peterson, Chester L Stewart III, Albert G Sye, Stephen E Lebrecht, Suzanne J Casey, Deborah Bluminberg for leave to file counterclaim (jmp)

59 Sept. 8, 1995

RESPONSE by plaintiff John Doe to defendant's Rule 12(M) statement of material undisputed facts ; Notice of filing (jmp) (Entered: 09/11/1995)

RECAP
60 Sept. 11, 1995

RULE 12 Statement of additional facts by plaintiff John Doe (jmp) (Entered: 09/12/1995)

RECAP
61 Sept. 11, 1995

NOTICE of filing by plaintiff John Doe regarding Rule 12(N) statement of additional facts [60-1] (jmp) (Entered: 09/12/1995)

RECAP
62 Sept. 11, 1995

EXHIBITS to plaintiffs' Rule 12(N) statement of additional facts by plaintiff John Doe (jmp) (Entered: 09/12/1995)

RECAP
63 Sept. 13, 1995

MOTION by plaintiff John Doe for leave to file instanter plaintiffs' response to defendants' motion for summary judgment ; Notice of motion (jmp) (Entered: 09/15/1995)

RECAP
64 Sept. 13, 1995

RESPONSE by plaintiff John Doe to defenant's motion for summary judgment [40-1] (jmp) (Entered: 09/15/1995)

RECAP
65 Sept. 13, 1995

MINUTE ORDER of 9/13/95 by Hon. Charles P. Kocoras : Plaintiffs' motion for leave to file instanter plaintiffs' response to defendants' motion for summary judgment [63-1] in excess of 15 pages is granted in its entirety. Ruling set for 10/11/95 to stand. Mailed notice (jmp) (Entered: 09/15/1995)

RECAP
66 Sept. 18, 1995

MOTION by defendants' Bd of Ed Oak Pk, Nancy Smiley, Donald Offermann, William R Cragg, David W Ristau, Stephen C Bruner, John R McCulloh, Regina Kwan Peterson, Chester L Stewart III, Albert G Sye, Stephen E Lebrecht, Suzanne J Casey, Deborah Bluminberg for extension of time to file reply in support of their motion for summary judgment (Exhibits); Notice of motion (jmp) (Entered: 09/19/1995)

RECAP
67 Sept. 18, 1995

MINUTE ORDER of 9/18/95 by Hon. Charles P. Kocoras : Defendants' motion for extension of time to 09/28/95 to file reply in support of their motion for summary judgment [66-1] [40-1] is granted. Ruling set for 10/11/95 to stand. Mailed notice (jmp) (Entered: 09/19/1995)

RECAP
68 Sept. 28, 1995

REPLY MEMORANDUM by defendant Bd of Ed Oak Pk in support of their motion for summary judgment [40-1] (Attachments) (jmp) (Entered: 09/29/1995)

RECAP
69 Sept. 28, 1995

RESPONSE by defendant Bd of Ed Oak Pk to plaintiffs' Rule 12(N) statement of additional facts ; Notice of filing (jmp) (Entered: 09/29/1995)

RECAP
70 Sept. 28, 1995

AGREED MOTION by plaintiff John Doe to file original affidavits under seal ; Notice of motion (jmp) (Entered: 09/29/1995)

RECAP
71 Sept. 28, 1995

MINUTE ORDER of 9/28/95 by Hon. Charles P. Kocoras : Plaintiffs' agreed motion to file original affidavits of Joe Doe and Jane Doe under seal [70-1], is granted. Telephoned notice (jmp) (Entered: 09/29/1995)

RECAP
72 Oct. 4, 1995

Document Sealed (pursuant to Court Order) (jmp) (Entered: 10/05/1995)

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73 Oct. 11, 1995

MOTION by defendant Bd of Ed Oak Pk for leave to file counterclaim (Exhibits); (jmp) (Entered: 10/12/1995)

RECAP
74 Oct. 11, 1995

NOTICE of motion and certificate of service by defendant Bd of Ed Oak Pk regarding motion for leave to file counterclaim [73-1] (jmp) (Entered: 10/12/1995)

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75 Oct. 11, 1995

MEMORANDUM OPINION (jmp) (Entered: 10/12/1995)

RECAP
76 Oct. 11, 1995

MINUTE ORDER of 10/11/95 by Hon. Charles P. Kocoras : Ruiling held. Enter memorandum opinion: Defendants' motion for summary judgment [40-1] is granted. Defendants' motion for leave to file counterclaim [73-1] is granted. Defendants are given leave to file motion for summary judgment by 11/01/95. Plaintiffs' answer and cross-motion for summary judgment due 11/22/95. Defendants' reply and answer to cross-motion for summary judgment due 11/22/95. Defendants' reply and answer to cross-motion due 12/06/95. Plaintiffs' reply due 12/20/95. Ruling set for 9:30 a.m. on 01/17/96. Mailed notice (jmp) (Entered: 10/12/1995)

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77 Oct. 11, 1995

COUNTERCLAIM by defendant Bd of Ed Oak Pk against plaintiff John Doe; cntdft IL St Bd of Ed (Exhibits) (jmp) (Entered: 10/12/1995)

RECAP
78 Oct. 23, 1995

MOTION by defendant Bd of Ed Oak Pk for summary judgment against plaintiff-counter defendant John Doe Notice of filing and Certificate of service (jmp) (Entered: 10/24/1995)

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79 Oct. 23, 1995

MEMORANDUM by defendant-counter plaintiffs' Bd of Ed Oak Pk in support of motion for summary judgment against plaintiff-counter defendant John Doe [78-1] (jmp) (Entered: 10/24/1995)

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80 Oct. 23, 1995

RULE 12(M) Statement of material facts as to which there are no genuine issues by defendant Bd of Ed Oak Pk (jmp) (Entered: 10/24/1995)

RECAP
81 Oct. 23, 1995

APPENDIX filed by defendant-counter plaintiff's Bd of Ed Oak Pk regarding statement of material facts [80-1] and memorandum of law in support of motion for summary judgment against plaintiff-counter defendant John Doe [79-1] (Attachments) (jmp) (Entered: 10/24/1995)

RECAP
82 Oct. 30, 1995

MOTION by counter-claimant Bd of Ed Oak Pk for leave to file memorandum of law in excess of 15 pages ; Notice of motion and certificate of service (jmp) (Entered: 10/31/1995)

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83 Oct. 30, 1995

MINUTE ORDER of 10/30/95 by Hon. Charles P. Kocoras : Defendant's motion for leave to file memorandum of law in excess of 15 pages [82-1] is granted. Mailed notice (jmp) (Entered: 10/31/1995)

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84 Oct. 30, 1995

ANSWER TO COUNTERCLAIM [77-1] by counter-defendant John Doe; Notice of filing (jmp) (Entered: 10/31/1995)

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85 Nov. 30, 1995

MOTION by plaintiff John Doe for leave to file instanter plaintiff's response to defendants' motion and cross motion for summary judgment on defendants' counter-complaint ; Notice of motion. (fce) (Entered: 12/01/1995)

RECAP
86 Nov. 30, 1995

MINUTE ORDER of 11/30/95 by Hon. Charles P. Kocoras : Granting plaintiff's motion for leave to file instanter plaintiff's response to defendants' motion and cross motion for summary judgment on defendants' counter-complaint [85-1]. Plaintiffs are given leave to file brief in excess of 15 pages. Defendants' briefs are due 12/14/95. Plaintiff's reply due 1/3/96. Ruling on all pending motions reset to 9:30 am on 2/7/96 . Mailed notice (fce) (Entered: 12/01/1995)

RECAP
87 Nov. 30, 1995

CROSS-MOTION by plaintiff John Doe for summary judgment on counterclaim ; Notice of motion. (fce) (Entered: 12/01/1995)

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88 Nov. 30, 1995

RESPONSE by plaintiff John Doe to defendants' memorandum and plaintiffs' cross memorandum in support of motion for summary judgment on counterclaim [87-1] (fce) (Entered: 12/01/1995)

RECAP
89 Nov. 30, 1995

RESPONSE by plaintiff John Doe to defendants-counterplaintiffs statement of material facts; Notice of filing. (fce) (Entered: 12/01/1995)

RECAP
90 Nov. 30, 1995

RULE 12 (M) Statement of material facts and 12(N) statement of additional facts related to the cross-motions for summary judgment on defendants' counterclaim by plaintiff John Doe (fce) (Entered: 12/01/1995)

RECAP

Case Details

State / Territory:

Illinois

Case Type(s):

Education

Key Dates

Filing Date: Sept. 23, 1994

Closing Date: 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A 13-year-old freshman at Oak Park & River Forest High School where he was accused of being in possession of a pipe and a small amount of marijuana.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

School District

Board of Education

Defendant Type(s):

Elementary/Secondary School

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Constitutional Clause(s):

Due Process

Other Dockets:

Northern District of Illinois 1:94-cv-06449

U.S. Court of Appeals for the Seventh Circuit 96-03014

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Disability and Disability Rights:

Disability, unspecified

Recommended Citation