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

Clearinghouse coding complete

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 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 of Individual Rights Act (PAIR Act) when it denied them access to a classroom that served students with autism and records concerning students in the classroom. Judge Terrence William Boyle presided over this matter.

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.  

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)

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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

Docket

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

Last updated April 28, 2024, 3:08 a.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

Case Details

State / Territory: North Carolina

Case Type(s):

Disability Rights

Education

Key Dates

Filing Date: Sept. 16, 2008

Closing Date: Nov. 7, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

protection and advocacy organization

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Wake County Board of Education, School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.

Protection and Advocacy of Individual Rights (PAIR), 29 U.S.C. § 794e

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Unknown

Form of Settlement:

Voluntary Dismissal

Issues

Disability and Disability Rights:

Autism

Mental impairment

P&A access authority

P&A Associational Standing