Case: Disability Rights NC v. Wake Cnty Board of Education

5:08-cv-00465 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Sept. 16, 2008

Closed Date: Nov. 7, 2008

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Case Summary

This is a case about a protection and advocacy agency’s (P&A) access authority. On September 16, 2008, Disability Rights North Carolina, North Carolina’s P&A, filed this lawsuit against the Wake County School District (Wake County) in the U.S. District Court for the Eastern District of North Carolina. Represented by itself, Disability Rights North Carolina alleged that Wake County violated the Developmental Disabilities Assistance and Bill of Rights of Act (DD Act) and Protection and Advocacy o…

This lawsuit began after Disability Rights North Carolina received complaints concerning a Wake County operated middle school classroom for children with autism. The complaints alleged that students were inappropriately restrained. Upon receiving the complaints, Disability Rights North Carolina began an investigation, but Wake County denied them access to the classroom to interview students and staff about the alleged incident. Moreover, Wake County refused to provide Disability Rights North Carolina with contact information records of students in the classroom so they could communicate with the students’ legal guardians. On November 7, 2008, Disability Rights North Carolina dismissed the case.

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Summary Authors

NDRN (7/9/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12373190/parties/disability-rights-nc-v-wake-county-board-of-education/

Judge(s)

Boyle, Terrence William (North Carolina)

Attorney for Plaintiff

Green, Iris Peoples (North Carolina)

Rittelmeyer, John R. (North Carolina)

Attorney for Defendant

Kennedy, Robert M. (North Carolina)

Judge(s)

Boyle, Terrence William (North Carolina)

Attorney for Plaintiff

Green, Iris Peoples (North Carolina)

Rittelmeyer, John R. (North Carolina)

Attorney for Defendant

Kennedy, Robert M. (North Carolina)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 5:08-cv-00465	Complaint Disability Rights North Carolina v. Wake County Board of Education	Sept. 16, 2008	Sept. 16, 2008 Complaint
4 5:08-cv-00465	Plaintiff's Memorandum in Support of its Motion for Preliminary Injunction Disability Rights North Carolina v. Wake County Board of Education	Sept. 16, 2008	Sept. 16, 2008 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/12373190/disability-rights-nc-v-wake-county-board-of-education/

Last updated Aug. 6, 2025, 9:51 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Wake County Board of Education, Robert Sturey ( Filing fee $ 350 receipt number 04170000000000687771.), filed by Disability Rights NC. (Attachments: # 1 Civil Cover Sheet Civil Coversheet, # 2 Exhibit Summons WCBOE, # 3 Exhibit Summons Sturey, # 4 Exhibit Ex 1 Letter dated August 25, 2008, # 5 Exhibit Ex 2 Letter dated Sept 5, 2008) (Rittelmeyer, John) (Entered: 09/16/2008) 1 View on RECAP 2 Civil Cover Sheet Civil Coversheet View on RECAP 3 Exhibit Summons WCBOE View on RECAP 4 Exhibit Summons Sturey View on RECAP 5 Exhibit Ex 1 Letter dated August 25, 2008 View on RECAP 6 Exhibit Ex 2 Letter dated Sept 5, 2008 View on PACER	Sept. 16, 2008	Sept. 16, 2008 Clearinghouse
2	FINANCIAL DISCLOSURE STATEMENT by Disability Rights NC (Rittelmeyer, John) (Entered: 09/16/2008)	Sept. 16, 2008	Sept. 16, 2008 PACER
3	MOTION for Preliminary Injunction by Disability Rights NC. (Rittelmeyer, John) (Entered: 09/16/2008)	Sept. 16, 2008	Sept. 16, 2008 PACER
4	Memorandum in Support re 3 MOTION for Preliminary Injunction filed by Disability Rights NC. (Attachments: # 1 Exhibit Sullivan Declaration) (Rittelmeyer, John) (Entered: 09/16/2008) 1 View on RECAP 2 Exhibit Sullivan Declaration View on PACER	Sept. 16, 2008	Sept. 16, 2008 Clearinghouse
	Clerk's Office corrected the plaintiff's name to reflect "Disability Rights North Carolina" and added the party text information for the defendant Robert Sturey "in his individual capacity and in his official capacity as Senior Director of Special Education Services" as noted on the Complaint. For future reference, counsel is directed to add the party text information when adding a party to the case. Thank You. (Heath, D.)	Sept. 16, 2008	Sept. 16, 2008 PACER
5	Summons Issued as to Robert Sturey. (Talbert, S.) (Entered: 09/16/2008)	Sept. 16, 2008	Sept. 16, 2008 PACER
6	Summons Issued as to Wake County Board of Education. (Talbert, S.) (Entered: 09/16/2008)	Sept. 16, 2008	Sept. 16, 2008 PACER
7	AFFIDAVIT of Service for Complaint served on Robert Sturey on September 22, 2008, filed by Disability Rights North Carolina. (Rittelmeyer, John) (Entered: 10/07/2008)	Oct. 7, 2008	Oct. 7, 2008 PACER
8	AFFIDAVIT of Service for Complaint served on Wake County Board of Education on September 22, 2008, filed by Disability Rights North Carolina. (Rittelmeyer, John) (Entered: 10/07/2008)	Oct. 7, 2008	Oct. 7, 2008 PACER
9	MOTION for Extension of Time to File Answer by Wake County Board of Education, Robert Sturey. (Attachments: # 1 Text of Proposed Order) (Kennedy, Robert) (Entered: 10/09/2008)	Oct. 9, 2008	Oct. 9, 2008 PACER
	MOTIONS REFERRED: 9 MOTION for Extension of Time to File Answer. Motions referred to Clerk of Court. (Talbert, S.)	Oct. 14, 2008	Oct. 14, 2008 PACER
10	ORDER granting 9 Motion for Extension of Time to Answer Wake County Board of Education answer due 11/12/2008; Robert Sturey answer due 11/12/2008.. Signed by Clerk of Court on 10/15/08. (Talbert, S.) (Entered: 10/15/2008)	Oct. 15, 2008	Oct. 15, 2008 PACER
11	NOTICE by Disability Rights North Carolina of Dismissal without Prejudice (Rittelmeyer, John) (Entered: 11/07/2008)	Nov. 7, 2008	Nov. 7, 2008 RECAP