News! On March 31, 2008, a U. S. District Court issued a decision denying the motion by the Atlanta Public School District (“APS”) to dismiss Jarron Draper’s civil rights claims for monetary damages after APS discriminated against him, harassed him, and retaliated against him and his family. Read story. Download decision.
Doe v. Withers was the first special education jury trial and the first special education dollar damages case; paved the way for subsequent special education damages cases, including W. B. v. Matula and Witte v. Clark County.
Key Issues in Witte v. Clark County Pete discusses the decision in Witte v. Clark County, the Nevada case about monetary damages on behalf of a disabled child who was physically abused by school staff.
Judge Finds School Official Liable for Denial of Special Ed -- Parents Gain Tool in Fight to Force Schools Meet Kids' Educational Needs. Federal judge rules that a Santa Barbara High School District administrator was personally liable for damages under the Civil Rights Act for violating a mother's right to get a "free appropriate public education" for her special-needs son, as required by the Individuals with Disabilities Education Act.
Allows Damages Against Hawaii. Judge rules that a family can sue to force
the state to pay for therapy for their 6-year old autistic daughter and can seek
punitive damages for the emotional distress suffered while trying to get services
for their child.
Whitehead Case: The Inside Story by Laura Whiteside, Esq. The famous $600,000 jury verdict against the Hillsborough Florida school district - what was this case really about? Laura Whiteside, attorney for Andrew Whitehead and his parents, tells the "inside story."
you read these damages cases, you will learn that the outcome of damages cases
is varies in different parts of the country.
v. Rose. Damages requested under the ADA for depressed child who was tormented
and humiliated by her teacher; also discusses retaliation. U. S. Court of Appeals
for the Fourth Circuit ruled: "to establish a violation of the ADA, a plaintiff
must show (1) that he has a disability; (2) that he is otherwise qualified for
the benefit in question; and (3) that he was excluded from the benefit due to
discrimination solely on the basis of the disability."
v. Manassas. After parents requested compensatory and punitive damages under
IDEA, U. S. Court of Appeals for the Fourth Circuit found that damages are not
available under the IDEA.
Weiss v. Hillsborough. Parents of autistic child brought suit for monetary damages for district's failure to provide an appropriate education; U. S. Court of Appeals for the Eleventh Circuit held that parents did not show that school failed to provide FAPE or that child discriminated against.
Witte v. Clark Co. Sch. Bd. School brutality case; damages sought under Section 504 and the ADA on behalf of child with disability. U. S. Court of Appeals for the Ninth Circuit issued pro-child decision; discussed exhaustion of remedies under the IDEA; appropriate damages for physical abuse and injury. Decision in pdf