Case: Bradley v. Arkansas Department of Education

4:96-cv-01004 | U.S. District Court for the Eastern District of Arkansas

Filed Date: Dec. 13, 1996

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On December 13, 1996, parents of a student with autism filed this lawsuit on his behalf in the Eastern District Court of Arkansas. The plaintiffs sued the Arkansas Department of Education, the Williford School District, and individuals acting in their official capacities under the Individuals with Disabilities Education Act (IDEA), Section 504, the Americans with Disabilities Act (ADA), and 42 U.S.C. § 1983. The plaintiffs, represented by public interest attorneys, asked the court for injunctiv…

On December 13, 1996, parents of a student with autism filed this lawsuit on his behalf in the Eastern District Court of Arkansas. The plaintiffs sued the Arkansas Department of Education, the Williford School District, and individuals acting in their official capacities under the Individuals with Disabilities Education Act (IDEA), Section 504, the Americans with Disabilities Act (ADA), and 42 U.S.C. § 1983. The plaintiffs, represented by public interest attorneys, asked the court for injunctive relief, including compensatory education for the student, compensatory and punitive damages, and attorneys fees. The plaintiffs claim that the Williford School District failed to implement any method of teaching to assist or promote the disabled students' learning. Specifically, plaintiffs claim that the student was not provided with an integrated and appropriate education that would meet state standards.

The plaintiff was diagnosed with autism at age 5, though the claims about his education begin with his enrollment in 7th grade. Plaintiff's parents claim that the school district failed to provide — and the state failed to oversee — an education that benefited the student. He was excluded altogether from Williford classrooms and schools, leaving him isolated from his peers. The plaintiff was only given "home bound" instruction, at a frequency well below the state's standards, and he was deprived of large parts of the high school curriculum. Furthermore, plaintiff's parents claim that the classes their son did take at the school — performance art and drawing — were pursued under their own initiative and required them to forego jobs and other necessities in order to assist the instructors in teaching their son. Additionally, the "home bound" instruction was primarily done on the computer, and required the parents to obtain the materials and teach their son themselves, instead of the district personnel. Plaintiffs claim that the defendants' treatment of the student deprived him of a proper education, and thus placed them in violation of the IDEA, ADA, and Section 504.

In a case proceeding the one at hand, the family complained to the Arkansas Department of Education about the student's education in an IDEA hearing. The family then complained to the U.S. Department of Education (DOE) for a failure of due process. The DOE found that the Arkansas Department of Education delayed 3 of its 5 hearing decisions, ruling well beyond the 45 day limit.

On November 21, 1997, Judge Moody granted the defendants' motion to dismiss, but stayed the proceedings pending the 8th Circuit Court of Appeal's ruling on whether the 11th Amendment barred a federal court from having jurisdiction over an IDEA claim. The 8th Circuit held that Arkansas had waived its 11th Amendment immunity with respect to the IDEA claims by participating in the federal spending program, and the case was remanded to the district court. In December 1997 the plaintiff filed a cross-appeal, but the 8th Circuit dismissed his claim in September the following year.

In November 2000 this case was consolidated with Jim C. v. Arkansas Department of Education with this as the leading case. After an initial denial, Judge Moody granted class action certification for school-age children with disabilities and their parents and guardians in September 2001.

On September 18, 2001, both defendants were denied summary judgement. Defendants appealed. On November 4, 2002, The 8th Circuit held that the plaintiffs did not meet their burden under Section 504, failing to show that school officials acted in bad faith or with gross misjudgment. Furthermore because the plaintiffs failed to ask for appropriate remedy under § 1983 and IDEA, the state officials were entitled to immunity. The 8th Circuit reversed Judge Moody's decision and remanded for further proceedings. On May 12, 2003, Judge Moody dismissed all claims for money damages against individual defendants.

Following a trial, Judge Moody found that neither the state nor Williford School District violated the federal statutes. He held that the school district had developed a reasonable program to educate the plaintiff, and that, under the totality of the circumstances, had not created a hostile educational environment. On September 10, 2004, Judge Moody issued a judgement for the defendants and dismissed the case with prejudice. A subsequent appeal to the 8th circuit ultimately affirmed the judgement in May 2006.

Summary Authors

Carolyn Weltman (3/13/2016)

Related Cases

Jim C. v. Arkansas Department of Education, Eastern District of Arkansas (1996)

People


Judge(s)

Bowman, Pasco Middleton II (Missouri)

Moody, James Maxwell (Arkansas)

Attorneys(s) for Plaintiff

Churchill, Michael (Pennsylvania)

Gilhool, Thomas K. (Pennsylvania)

Lapertosa, Max (Pennsylvania)

Sutter, Luther Oneal (Arkansas)

Attorneys(s) for Defendant

Robinson, Sherri L. (Arkansas)

Judge(s)

Bowman, Pasco Middleton II (Missouri)

Moody, James Maxwell (Arkansas)

Attorneys(s) for Plaintiff

Churchill, Michael (Pennsylvania)

Gilhool, Thomas K. (Pennsylvania)

Lapertosa, Max (Pennsylvania)

Sutter, Luther Oneal (Arkansas)

Attorneys(s) for Defendant

Robinson, Sherri L. (Arkansas)

Documents in the Clearinghouse

Document

Docket

Aug. 11, 2006 Docket
47

Appeal from the United States District Court for the Eastern District of Arkansas

Bradley v. Unites States of America

U. S. Court of Appeals for the Eighth Circuit

189 F.3d 745

Oct. 13, 1999 Order/Opinion

Complaint-Class Action

Bradley v. Arkansas Department of Education

2000 WL 34542950

Oct. 12, 2000 Complaint
134

Order

Sept. 27, 2001 Order/Opinion
142

Appeal from the United States District Court for the Eastern District of Arkansas

Bradley v. Arkansas Department of Eduacation

U. S. Court of Appeals for the Eighth Circuit

301 F.3d 952

Aug. 30, 2002 Order/Opinion
150

Order

May 9, 2003 Order/Opinion
173

Judgment

Sept. 9, 2004 Order/Opinion
172

Findings of Fact and Conclusions of Law

Sept. 13, 2004 Findings Letter/Report
179-2

Appeals from the United States District Court for the Eastern District of Arkansas

U. S. Court of Appeals for the Eighth Circuit

443 F.3d 965

April 7, 2006 Order/Opinion

Resources

Title Description External URL

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

ORDER by Judge James M. Moody granting motion to proceed in forma pauperis in misc case LR−M−96−194 (cc: all counsel) lej) (Entered: 12/19/1996)

Dec. 13, 1996
2

COMPLAINT, summonses issued and returned to Atty lej) (Entered: 12/19/1996)

Dec. 13, 1996
3

MEMO TO FILE regarding service of complaint lej) (Entered: 12/19/1996)

Dec. 13, 1996
4

RETURN OF SERVICE executed upon defendant Arkansas Education on 12/27/96 (bkp) (Entered: 01/14/1997)

Jan. 10, 1997
5

RETURN OF SERVICE executed upon defendant Mike Crowley on 12/24/96 (bkp) (Entered: 01/14/1997)

Jan. 10, 1997
6

RETURN OF SERVICE executed upon defendant Williford School on 12/23/96 (bkp) (Entered: 01/14/1997)

Jan. 10, 1997
7

ANSWER by defendant Williford School (bkp) Modified on 03/26/1997 (Entered: 01/14/1997)

Jan. 13, 1997
8

ANSWER by Arkansas Education and Mike Crowley (bkp) (Entered: 01/16/1997)

Jan. 15, 1997
9

SCHEDULING ORDER: court trial set for 9:15 10/6/97; discovery due 8/11/97; status report due 8/11/97; pretrial info sheet due 9/15/97 (cc: all counsel) (bmt) (Entered: 02/20/1997)

Feb. 19, 1997
10

MOTION by plaintiffs to continue (bkp) (Entered: 02/28/1997)

Feb. 27, 1997
11

AMENDED SCHEDULING ORDER (DOC): court trial set for 9:15 on 11/10/97 ; discovery due 9/15/97 ; status report due 9/15/97 ; pretrial info sheet due 10/20/97 (cc: all counsel) (bkp) (Entered: 03/04/1997)

March 3, 1997
12

MEMO TO FILE finding the motion to continue moot by amended scheduling order filed on 3/3/97 [10−1] (bkp) (Entered: 03/06/1997)

March 6, 1997
13

MEMO TO FILE removing this cause from the class action docket (bkp) (Entered: 03/28/1997)

March 27, 1997
14

MOTION by plaintiff to substitute attorney L. Oneal Sutter P.L.L.C. (bkp) (Entered: 08/01/1997)

Aug. 1, 1997
15

ORDER by Judge James M. Moody granting motion to substitute attorney L. Oneal Sutter P.L.L.C. for pltfs [14−1] (cc: all counsel) (bkp) (Entered: 08/04/1997)

Aug. 1, 1997
16

WRITTEN STATUS REPORT by plaintiffs (bmt) (Entered: 09/15/1997)

Sept. 15, 1997
17

WRITTEN STATUS REPORT by State defts (2 days) (bkp) (Entered: 09/16/1997)

Sept. 15, 1997
18

MOTION by pltf for partial summary judgment (bkp) (Entered: 09/30/1997)

Sept. 29, 1997
19

BRIEF by pltfs in support of motion for partial summary judgment [18−1] (bkp) (Entered: 09/30/1997)

Sept. 29, 1997
20

STATEMENT OF FACTS (Rule 29) by pltfs in support of motion for partial summary judgment [18−1] (bkp) (Entered: 09/30/1997)

Sept. 29, 1997
21

MOTION by defts Mike Crowley and Arkansas Education to dismiss or for for summary judgment ; and to stay (bkp) (Entered: 09/30/1997)

Sept. 29, 1997
23

STATEMENT OF FACTS (Rule 29) by defts Mike Crowley and Arkansas Education in support of motion for summary judgment [21−2] (bkp) (Entered: 09/30/1997)

Sept. 29, 1997
24

NOTICE by defts of filing signed affidavit of Mike Crowley to be substituted for the unsigned copy attached to motion to dismiss or for summary judgment filed on 9/29/97 (bkp) (Entered: 10/01/1997)

Sept. 30, 1997
25

MOTION by pltfs to extend time within which to file response to defts' motion to dismiss or for summary judgment and motion to stay (bkp) (Entered: 10/15/1997)

Oct. 14, 1997
26

RESPONSE by defts Mike Crowley and Arkansas Education to motion for partial summary judgment [18−1] (bkp) (Entered: 10/15/1997)

Oct. 14, 1997
26

COUNTER−MOTION by defts Mike Crowley and Arkansas Education for summary judgment and to stay (bkp) (Entered: 10/15/1997)

Oct. 14, 1997
27

STATEMENT OF FACTS (Rule 29) by defts Mike Crowley and Arkansas Education in issue on pltfs' motion for partial summary judgment [18−1]; statement of material facts not in issue on defts' Arkansas Education and Crowley's counter−motion for summary judgment [26−1] (bkp) (Entered: 10/15/1997)

Oct. 14, 1997
28

BRIEF by defts Mike Crowley and Arkansas Education in support of response to motion for partial summary judgment and in support of defts' counter−motion for summary judgment [26−1] (bkp) (Entered: 10/15/1997)

Oct. 14, 1997
29

ORDER by Judge James M. Moody granting motion to extend time within which to file response to defts' motion to dismiss or for summary judgment and motion to stay to and including 10/16/97 [25−1] [21−1] [21−1] [21−2] [21−3] (cc: all counsel) EOD 10/16/97 (bkp) (Entered: 10/16/1997)

Oct. 16, 1997
30

RESPONSE by pltfs to motion to dismiss [21−1], or for summary judgment [21−2], motion to stay [21−3] (bkp) (Entered: 10/17/1997)

Oct. 16, 1997
31

BRIEF by pltfs in support of response to motion to dismiss or for summary judgment and to motion for stay [30−1] (bkp) (Entered: 10/17/1997)

Oct. 16, 1997
32

RESPONSE by pltfs to statements of material facts not at issue [27−1] (bkp) (Entered: 10/17/1997)

Oct. 16, 1997
33

PRETRIAL INFORMATION SHEET by plaintiffs (4 days) (bkp) (Entered: 10/21/1997)

Oct. 20, 1997
34

PRETRIAL INFORMATION SHEET by defts Mike Crowley and Arkansas Education (2 days) (bkp) (Entered: 10/21/1997)

Oct. 20, 1997
35

RESPONSE by pltfs to defts' counter−motion for summary judgment [26−1] (bkp) (Entered: 10/22/1997)

Oct. 22, 1997
36

MOTION by pltfs to extend time in which to file trial brief (bkp) (Entered: 10/28/1997)

Oct. 27, 1997
37

RESPONSE by deft Williford School to pltfs' motion for partial summary judgment [18−1] (bkp) (Entered: 10/28/1997)

Oct. 27, 1997
38

BRIEF by deft Williford School in support of response to motion for partial summary judgment [37−1] (bkp) (Entered: 10/28/1997)

Oct. 27, 1997
39

STATEMENT OF FACTS (Rule 29) by deft Williford School in support of response to motion for partial summary judgment [37−1] (bkp) (Entered: 11/07/1997)

Nov. 7, 1997
40

CLERK'S MINUTES: HEARING on motions for summary judgment before Judge James M. Moody. Court will issue order upon review and decision. Ctrptr. Fant. (former empl) (Entered: 11/10/1997)

Nov. 10, 1997
42

MEMO TO FILE finding the motion to extend time in which to file trial brief moot because the trial date has been continued [36−1] (bkp) (Entered: 12/08/1997)

Dec. 5, 1997
43

NOTICE of appeal by Arkansas Education, Mike Crowley from District Court decision [41−1] (appeal fees not paid) (2 certified copies to Clerk 8USCA), (cc: counsel) (dac) (Entered: 12/18/1997)

Dec. 18, 1997

RECEIVED FILING FEE by defendants Mike Crowley, Arkansas Education in amount of $ 105.00 ( Receipt # 400 75457) (dac) (Entered: 12/19/1997)

Dec. 19, 1997
44

NOTICE of cross− appeal by plaintiffs from District Court decision [41−1] (2 certified copies to Clerk 8USCA), (appeal fees not paid) (cc: counsel) (dac) (Entered: 12/29/1997)

Dec. 23, 1997

DOCKETING LETTER: 8 USCA Number, 98−1010 as to appeal of Ark Dept of Ed et al and 98−1011 as to cross appeal of Thomas Bradley, et al; transcript due 2/24/98 (dac) (Entered: 01/08/1998)

Jan. 8, 1998
45

MANDATE from 8 USCA dismissing the appeal of Thomas Bradley, et al on appellant's motion [44−1] (dac) (Entered: 09/22/1998)

Sept. 21, 1998
46

AMENDED JUDGMENT (8 USCA) cross−appeal is dismissed on cross−appellant's motion (dac) (Entered: 09/25/1998)

Sept. 25, 1998
47

Opinion (8USCA) (dac) (Entered: 10/13/1999)

Oct. 13, 1999
48

MANDATE from 8 USCA affirming in part, reversing in part, the decision of the District Court and remanded for proceedings consistent with the opinion of this Court (10/7/99USCA8 Order, plaintiffs−appellees shall recover from defendants−appellants $237.80 as costs on appeal; order filed 10/13/99 (dac) (Entered: 10/13/1999)

Oct. 13, 1999
49

ORDER (8 USCA), plaintiff's−appellees shall recover from defendants−appellants $237.80 as costs on appeal (dac) (Entered: 10/13/1999)

Oct. 13, 1999
50

ORDER (8 USCA), On the Court's own motion, the mandate issued 10/6/99 is recalled for the reason that it was entered prematurely (dac) (Entered: 11/01/1999)

Oct. 19, 1999
51

Opinion (8USCA) (dac) Modified on 11/01/1999 (Entered: 11/01/1999)

Oct. 29, 1999
52

MANDATE from 8 USCA judgment of the district court is affirmed in part, reversed in part, and remanded to the district court for proceedings consistent with the opinion of this court (dac) (Entered: 11/01/1999)

Oct. 29, 1999
53

ATTORNEY APPEARANCE by Thomas K Gilhool for Dianna Bradley and Thomas Bradley (former empl) (Entered: 01/04/2000)

Jan. 3, 2000
54

SCHEDULING ORDER (DOC); trial is scheduled for 9:15 a.m. on 5/22/00 in Little Rock; discovery due 3/23/00; status report due 3/23/00; pretrial info sheet due 5/2/00 (cc: all counsel) (former empl) (Entered: 03/13/2000)

March 10, 2000
55

MOTION by defts Mike Crowley and Arkansas Education to substitute attorney Sherri L Robinson in place of Tim C. Humphries (former empl) (Entered: 03/15/2000)

March 14, 2000
56

ORDER by Judge James M. Moody granting motion to substitute attorney Sherri L Robinson in place of Tim C. Humphries for Arkansas Department of Education and Mike Crowley [55−1] (cc: all counsel) (former empl) (Entered: 03/20/2000)

March 17, 2000
57

MOTION by plaintiffs to continue (former empl) (Entered: 03/21/2000)

March 20, 2000
58

WRITTEN STATUS REPORT by defendants (former empl) (Entered: 03/24/2000)

March 23, 2000

Docket Modification (Utility Event) finding the motion to continue [57−1] moot due to entry of amended scheduling order. (mah) (Entered: 03/24/2000)

March 24, 2000
60

WRITTEN STATUS REPORT by Mike Crowley, Arkansas Education (former empl) (Entered: 10/06/2000)

Oct. 5, 2000
61

MOTION by defendant Arkansas Education and defendant Mike Crowley for summary judgment (former empl) (Entered: 10/16/2000)

Oct. 13, 2000
62

BRIEF by defendant Arkansas Education and defendant Mike Crowley in support of motion for summary judgment [61−1] (former empl) (Entered: 10/16/2000)

Oct. 13, 2000
63

STATEMENT OF FACTS (Local Rule 56.1) by defendant Arkansas Education and defendant Mike Crowley in support of motion for summary judgment [61−1] (former empl) (Entered: 10/16/2000)

Oct. 13, 2000
64

MOTION by Mike Crowley, Arkansas Education to withdraw consent to amend (former empl) (Entered: 10/18/2000)

Oct. 17, 2000
65

OBJECTION by defendants Arkansas Department of Education and Mike Crowley to pltfs' jury demand (former empl) (Entered: 10/26/2000)

Oct. 25, 2000
66

MOTION by plaintiffs to consolidate cases 4:96CV01004 and 4:00CV00747 (former empl) (Entered: 11/01/2000)

Oct. 30, 2000
67

MEMORANDUM by plaintiffs in support of motion to consolidate cases 4:96CV01004 and 4:00CV00747 [66−1] (former empl) (Entered: 11/01/2000)

Oct. 30, 2000
68

MOTION by plaintiff for change of schedule (former empl) (Entered: 11/01/2000)

Oct. 30, 2000
68

RESPONSE by plaintiffs to motion to withdraw consent to amend [64−1] (former empl) (Entered: 11/01/2000)

Oct. 30, 2000
69

MOTION by plaintiffs to extend time to respond to defts' mot for summary judgment and for possible cross−mot (former empl) (Entered: 11/01/2000)

Oct. 30, 2000
70

ORDER by Judge James M. Moody granting motion to extend time on or before 11/13/00 to respond to defts' mot for summary judgment and for possible cross−mot [69−1] [61−1] (cc: all counsel) (former empl) (Entered: 11/01/2000)

Oct. 31, 2000
71

ORDER by Judge G. T. Eisele granting motion to consolidate cases 4:96CV01004 and 4:00CV00747 [66−1]; 4:96CV01004 shall be designated as the lead case and all further pleadings should show both case numbers but will be docketed in the lead case only; cases will be handled by Judge James M. Moody (cc: all counsel) (bsm) Modified on 11/13/2000 (Entered: 11/09/2000)

Nov. 8, 2000
72

MOTION by Ray Simon, Marcia Harding, Arkansas Education, Mike Crowley to extend time to file a responsive pleading (former empl) (Entered: 11/14/2000)

Nov. 14, 2000
73

AMENDED SCHEDULING ORDER (DOC); trial is scheduled for 9:15 a.m. on 7/16/01 in Little Rock; discovery due 5/17/01; status report due 5/17/01; pretrial info sheet due 6/26/01; mtn filing ddl 5/27/01 (cc: all counsel) (former empl) (Entered: 11/20/2000)

Nov. 20, 2000
74

ORDER by Judge James M. Moody granting motion to extend time up to and including 11/27/00 to file a responsive pleading [72−1] (cc: all counsel) (former empl) (Entered: 11/22/2000)

Nov. 21, 2000
75

MOTION by plaintiffs to extend time to respond to State Defts' mot for summary judgment and to file cross−mot (former empl) (Entered: 11/22/2000)

Nov. 21, 2000
76

ORDER by Judge James M. Moody granting motion to extend time to on or before 11/29/00 to respond to State Defts' mot for summary judgment and to file cross−mot [75−1] [61−1] (cc: all counsel) (former empl) Modified on 12/12/2000 (Entered: 11/22/2000)

Nov. 22, 2000
77

MOTION by Ray Simon, Marcia Harding, Mike Crowley and Arkansas Education to dismiss (former empl) (Entered: 11/28/2000)

Nov. 27, 2000
78

BRIEF by Ray Simon, Marcia Harding, Mike Crowley and Arkansas Education in support of motion to dismiss [77−1] (former empl) (Entered: 11/28/2000)

Nov. 27, 2000
79

ORDER by Judge James M. Moody denying motion to withdraw consent to amend [64−1] (cc: all counsel) (former empl) (Entered: 11/29/2000)

Nov. 28, 2000
80

MOTION by plaintiffs for partial summary judgment (former empl) (Entered: 11/30/2000)

Nov. 29, 2000
81

BRIEF by plaintiffs in opposition to motion for summary judgment [61−1] (former empl) (Entered: 11/30/2000)

Nov. 29, 2000
81

BRIEF by plaintiffs in support of motion for partial summary judgment [80−1] (former empl) (Entered: 11/30/2000)

Nov. 29, 2000
82

STATEMENT OF FACTS (Local Rule 56.1) by plaintiffs in support of motion for partial summary judgment [80−1] (former empl) (Entered: 11/30/2000)

Nov. 29, 2000
82

RESPONSE by plaintiffs to defts' statement of material facts [63−1] (former empl) (Entered: 11/30/2000)

Nov. 29, 2000
83

REQUEST by plaintiffs for oral argument (former empl) (Entered: 11/30/2000)

Nov. 29, 2000
84

CERTIFICATE OF SERVICE by pltfs to motion for partial summary judgment [80−1], motion response [81−1], brief [81−1], statement [82−1], response [82−1], request [83−1] (former empl) (Entered: 11/30/2000)

Nov. 29, 2000
85

RESPONSE by Arkansas Education, Mike Crowley to motion for partial summary judgment [80−1] (former empl) (Entered: 12/08/2000)

Dec. 7, 2000
85

REPLY by Arkansas Education, Mike Crowley to response to motion for summary judgment [61−1] (former empl) (Entered: 12/08/2000)

Dec. 7, 2000
86

BRIEF by Arkansas Education, Mike Crowley in support of motion reply [85−1], motion response [85−1] (former empl) (Entered: 12/08/2000)

Dec. 7, 2000
87

RESPONSE by Arkansas Education and Mike Crowley to request oral argument [83−1] (former empl) (Entered: 12/08/2000)

Dec. 7, 2000
88

BRIEF IN OPPOSITION by plaintiffs to motion to dismiss civil action 4:00CV00747 [77−1] (former empl) (Entered: 01/17/2001)

Jan. 16, 2001
89

REPLY and REPLY BRIEF by plaintiffs to response to motion for partial summary judgment [80−1] (former empl) (Entered: 01/17/2001)

Jan. 16, 2001
90

MOTION by plaintiffs to extend time to file answer and brief to deft's mot to dismiss, reply brief to defts' answer to pltfs' mot for partial summary judgment and pltfs' mot for determination of class and in support thereof (former empl) Modified on 01/19/2001 (Entered: 01/18/2001)

Jan. 17, 2001
93

ORDER by Judge James M. Moody granting motion to extend time to file answer and brief to deft's mot to dismiss, reply brief to defts' answer to pltfs' mot for partial summary judgment and pltfs' mot for determination of class and in support thereof [90−1] (cc: all counsel) (former empl) (Entered: 01/22/2001)

Jan. 19, 2001
91

MOTION by plaintiffs for class determination (former empl) (Entered: 02/01/2001)

Jan. 19, 2001
92

MEMORANDUM by plaintiff in support of motion for class determination [91−1] (former empl) (Entered: 02/02/2001)

Jan. 19, 2001
94

OBJECTION by defts Ray Simon, Marcia Harding, Mike Crowley and Arkansas Education to motion for class determination (former empl) (Entered: 02/02/2001)

Jan. 25, 2001
96

ORDER (DOC) scheduling oral arguments on the pending mots before the Honorable James M Moody, at 1:30 p.m. on Friday, February 23, 2001, Rm. 389, US Courthouse, 600 W Capitol, Little Rock [91−1] [80−1] [77−1] [61−1] (cc: all counsel) (former empl) Modified on 02/08/2001 (Entered: 02/07/2001)

Feb. 7, 2001

State / Territory: Arkansas

Case Type(s):

Education

Key Dates

Filing Date: Dec. 13, 1996

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A student with autism and his parents and next friends.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Public Interest Law Center (PILCOP)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Arkansas Department of Education (Little Rock, AR), State

Williford School District (Williford, AR, Sharp), School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Amount Defendant Pays: 0

Issues

General:

Failure to supervise

Individualized planning

Special education

Staff (number, training, qualifications, wages)

Disability:

Mental impairment

Medical/Mental Health:

Intellectual/Developmental Disability

Type of Facility:

Government-run