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PAYNE v. PENINSULA SCHOOL DIST.

No. 07-35115.

598 F.3d 1123 (2010)

Windy PAYNE, individually and as guardian on behalf of; D.P., a minor child, Plaintiffs-Appellants, v. PENINSULA SCHOOL DISTRICT, a municipal corporation; Artondale Elementary School, a municipal corporation; Jodi Coy, in her individual and official capacity; James Coolican, in his individual and official capacity; Jane Does 1-10; John Does 1-10, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 18, 2010.

Attorney(s) appearing for the Case

Thomas B. Vertetis, Gordon, Thomas, Honeywell, Malanca, Peterson & Daheim LLP, Tacoma, WA, for the appellant.

Michael A. Patterson and Donald F. Austin, Patterson Buchanan Fobes Leitch & Kalzer P.S., Seattle, WA, for the appellees.

Opinion by Judge HALL; Dissent by Judge NOONAN.

HALL, Senior Circuit Judge:

Windy Payne ("Payne"), the mother of D.P., an autistic student, appeals from the district court's dismissal without prejudice of the suit she brought on D.P.'s behalf for negligence, outrage, and § 1983 violations.1 Her claims were predicated on D.P.'s constitutional rights and statutory rights under the Individuals with Disabilities Education Act ("IDEA"). The district court found that it lacked subject...

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