BISHOP v. CHILDREN'S CENTER FOR DEVELOPMENTAL

No. 09-3383.

618 F.3d 533 (2010)

Courtland BISHOP, Individually and on behalf of a minor, and Michelle Bishop, Individually and on behalf of a minor, Plaintiffs-Appellants, v. The CHILDREN'S CENTER FOR DEVELOPMENTAL ENRICHMENT, dba the Ohio State University Children's Center for Developmental Enrichment, dba CCDE Therapies, dba Oakstone Academy; Rebecca Morrison, Individually and as agent and Chief Executive Officer of the Children's Center for Developmental Enrichment, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 25, 2010.


Attorney(s) appearing for the Case

ARGUED: Kathi J. Machle , R.J. Donovan Co., LPA, Columbus, Ohio, for Appellants. S. Adele Shank , Law Office of S. Adele Shank, Columbus, Ohio, for Appellees. ON BRIEF: Kathi J. Machle , Richard J. Donovan, R.J. Donovan Co., LPA, Columbus, Ohio, for Appellants. S. Adele Shank , Law Office of S. Adele Shank, Columbus, Ohio, Robert H. Willard , Harris & Mazza, Columbus, Ohio, for Appellees.

Before SILER and GIBBONS, Circuit Judges; REEVES, District Judge.


OPINION

SILER, Circuit Judge.

Courtland and Michelle Bishop and their minor disabled son CB1 brought suit against the private school to which CB had been assigned just less than three years after the school expelled CB. Ohio's statute of limitations, which is applied to their federal constitutional claims, bars suit after two years. They argued their claims were statutorily tolled under Ohio's minority tolling statute. The district...

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