C.N. v. Willmar Pub. Sch., No. 08-3019

In an action under the Individuals with Disabilities in Education Act and 42 U.S.C. section 1983 based on the alleged maltreatment of an autistic student by defendant school district, dismissal of the complaint is affirmed where: 1) plaintiff failed to timely request a due process hearing prior to his transfer to another district; and 2) the complaint failed to identify an unconstitutional district policy or custom that caused the alleged injuries.

Read C.N. v. Willmar Pub. Sch., No. 08-3019

Appellate Information

Submitted: June 11, 2009

Filed: January 7, 2010

Judges

Opinion by Judge Beam